PREFACE · night duty as additional facility to contract working in night shift. Remaining six contractors (31.5 per cent) reportedly provided no additional facility to their workers

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PREFACE Contract labour is a significant and growing form of employment. Launching of Economic reforms in 1991 in India’s economy resulted in growth in both types of employment i.e. permanent as well as contractual. The size of contract workers in the total workforce is significant and, by and large, they belong to the unorganized sector. It has been noticed that the contract labour has remained a disadvantaged section of the working class mainly due to lack of organization, ignorance, etc. Various Committees and Commissions set up to look into the contract labour system laws recommended its abolition. However, recognizing the need and inevitability of this system in the increasingly uncertain business environment, the Labour Investigation Committee in 1946, recommended the abolition of contract labour, wherever possible, and its regulation wherever abolition was not possible. Based on this view, the Contract Labour (Regulation and Abolition) Act, 1970 was passed in 1970. Under this Act, Contract Labour has been banned in certain categories of work. In order to formulate effective measures for improving and regulating the working conditions of the contract labour, the Planning Commission, in the Second Five Year Plan document, recommended collection of reliable data on their conditions. Accordingly, Labour Bureau has conducted 47 such surveys in 39 industries. This Report is based on the survey undertaken during April, 2014 to June, 2014 to study the working conditions of the contract workers in Sea Ports and shipyards in India. The Bureau is grateful to various agencies, particularly the Ministry of Shipping for their whole hearted co-operation in the preparation of frame and for smooth conduct of the survey. I also sincerely thank the managements of sample units, but for whose co-operation it would not have been possible to collect the data compiled in the report. I sincerely acknowledge with deep sense of gratitude to Sh. G.C. Saini, Director and Sh. Deepak Kumar, Assistant Director alongwith team members who have toiled through various stages from collection of data to release of report for their untiring efforts. I also owe my sincere gratitude to Sh. Bal Ram, Senior Consultant for his valuable inputs for the report. Printing of the report is outcome of the sincere efforts put in by the printing Unit of Labour Bureau, Chandigarh. Views contained in the report may not necessarily be those of the Ministry of Labour & Employment, Govt. of India. Chandigarh Dated: 10.10.2014

Daljeet Singh Director General

ii

CONTENTS

CHAPTER-1 Page No. INTRODUCTION 1-9

1 Genesis of the Survey 1-2 1.1 Objective of the Survey 3 1.2 Scope of the Survey 3 1.3 Period of the Survey 3 1.4 Concepts and Definitions 3-4 1.5 Coverage, Methodology and Sample size 5-9

CHAPTER-2 REGISTRATION, LICENCE AND EMPLOYMENT 10-29

2.1 Type of Ownership 10 2.2 Employment of Contractors 10-11 2.3 Employment of Direct and Contract Labour in Units Covered 11 2.4 Gender-Wise Distribution of Contract Labour in Units Covered 11 2.5 Distribution of Contract workers engaged by Contractors by Length of

Service 11

2.5.1 Length of Service of contract workers in Major Sea Ports and Shipyards

11-12

2.5.2 Length of Service of contract workers in Non-Major Sea Ports and Shipyards

12

2.6. Seasonal Variation in Employment 12 2.6.1 Seasonal Variation in Employment of contract labour during the

reference period in Major Sea Ports and Shipyards 12

2.6.2 Seasonal Variation in Employment of contract labour during the reference period in Non-Major Sea Ports and Shipyards

12

2.7 Mode of Recruitment 13 2.7.1 Mode of Recruitment in Major Sea Ports and Shipyards 13 2.7.2 Mode of Recruitment in Non-Major Sea Ports and Shipyards 13 2.8 Employment by Occupation 13-14 2.9 Employment Cards 14 2.9.1 Employment Cards in Major Sea Ports and Shipyards 14 2.9.2 Employment Cards in Non-Major Sea Ports and Shipyards 14

Table 2.1 to 2.9 (b) 15-29 CHAPTER-3

WAGES AND EARNINGS 30-58 3.1 Pay/Wage period 30 3.2 Payment of Wages 30-31 3.3 Wage Rate per day by Occupation and Gender 31 3.3.1 Wage Rate per day by Occupation (Men) 31 3.3.2 Wage Rate per day by Occupation (Women) 31 3.4 Dearness Allowance 31-32 3.5 Overtime Wage 32 3.5.1 Overtime Wage in Major Seaports/Shipyards 32 3.5.2 Overtime Wage in Non-Major Seaports/Shipyards 32 3.6 Other Cash Allowances 33

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3.6.1 Other Cash Allowances in Major and Non-Major Seaports 33 3.6.2 Other Cash Allowances in Major and Non-Major Shipyards 33 3.7 Benefits in Kind 33 3.7.1 Benefits in Kind in Major Seaports/Shipyards 33-34 3.7.2 Benefits in Kind in Non-Major Seaports/Shipyards 34 3.8 Payment of Bonus / Ex-gratia 35 3.8.1 Payment of Bonus / Ex-gratia in Major Seaports/Shipyards 35 3.8.2 Payment of Bonus / Ex-gratia in Non-Major Seaports/Shipyards 35 3.9 Advances 36 3.9.1 Advances in Major Seaports/Shipyards 36 3.9.2 Advances in Non-Major Seaports/Shipyards 36

Table No.3.1 to 3.9 (b) 37-58 CHAPTER-4

WORKING CONDITIONS, WELFARE FACILITIES, SOCIALSECURITY AND INDUSTRIAL RELATIONS

59-91

4.1 Hours of Work, Rest Interval and Spread Over 59 4.1.1 Rest Interval in Major Sea Ports 59 4.1.2 Rest Interval in Non-Major Sea Ports 59-60 4.1.3 Rest Interval in Major Shipyards 60 4.1.4 Interval in Non-Major Shipyards 60 4.2 Night Shift Working 61 4.2.1 Additional facilities in Major Sea Ports and Shipyards 61 4.2.2 Additional facilities in non-Major Sea Ports and Shipyards 61 4.3 Weekly off 61 4.3.1 Weekly Off in Major Sea Ports and Shipyards 61 4.3.2 Weekly Off in Non-Major Sea Ports and Shipyards 62 4.4 Leave and Holidays 62 4.4.1 Leave and Holidays in Major Sea Ports 62 4.4.2 Leave and Holidays in Non-Major Sea Ports 62-63 4.4.3 Leave and Holidays in Major Shipyards 63 4.4.4 Leave and Holidays in Non-Major Shipyards 63 4.5 Welfare Facilities 63 4.5.1 Welfare Facilities Major Sea Ports 63-64 4.5.2 Welfare Facilities Non-Major Sea Ports 64 4.5.3 Welfare Facilities major shipyards 64 4.5.4 Welfare Facilities non-major shipyards 64-65 4.6 Housing Facility 65 4.6.1 Housing Facility in major seaports 65 4.6.2 Housing Facility in major Shipyards 65 4.6.3 Housing Facility in non-major Sea Ports 65 4.6.4 Housing Facility in non-major shipyards 66 4.7 Maintenance if Records Grievance Redressal Procedure 66 4.7.1 Maintenance of Records Grievance Redressal Procedure in major sea

ports 66

4.7.2 Maintenance of Records Grievance Redressal Procedure in non-major sea ports

66

4.7.3

Maintenance of Records Grievance Redressal Procedure in major shipyards

67

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4.7.4 Maintenance of Records Grievance Redressal Procedure in non-major shipyards

67

4.8 Trade Unions 67 4.8.1 Trade Union's Membership of contract labour in major and non-major

sea ports 67

4.8.2 Trade Union's Membership of contract labour in major and non-major Shipyards

67-68

Table 4.1 (a) to 4.8 (b) 69-91 CHAPTER-5

SUMMARY OF FINDINGS 92-97 5.1 Registration 92 5.2 Licence 92-93 5.3 Sample units by type of Ownership 93 5.4 Employment of contractors 93 5.5 Employment of contract workers 93 5.6 Proportion of contract workers 93 5.7 Contract workers by gender 93 5.8 Employment by system of payments 94 5.9 Employment by mode of recruitment and workers by length of service 94 5.10 Employment by occupation 94 5.11 Workers with employment cards 94 5.12 Fixation of wage period 94 5.13 Payment of dearness allowance as a separate component 95 5.14 Overtime 95 5.15 Annual bonus / ex-gratia 95 5.16 Advances 95 5.17 Working hours per day 95 5.18 Rest intervals 96 5.19 Working in night shifts 96 5.20 Weekly off 96 5.21 Leave and holidays 96 5.22 Welfare facilities 96 5.23 Housing 97 5.24 Maintenance of registers 97 5.25 Industrial relations 97 Annexures 98-138

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CHAPTER – 1

INTRODUCTION

1. Genesis of the Survey Contract Labour has been a significant and growing form of employment. The practice of employing contract labour is observed all over the world and has been in operation since ages. Contract labour generally refers to “Workers employed by or through an intermediary on work of any establishment”. Such labour can be distinguished from the direct workers in terms of employee-employer relationship and the method of wage payment. The contract workers do not have any direct relationship with the principal employer. It has a distinct way of working unlike other classes of labour such as permanent, temporary, casual, badly, etc. The contract system is based on triangular relationship between the user enterprises, the contractors including the sub-contractors, and the worker. The workers are recruited by an outside agency or person and are supplied to an establishment or engaged on its work. Unlike direct labour, they neither feature on the muster roll of principal employer/establishment nor are paid directly. The establishment providing work to the contractor has no direct responsibility towards the workers appointed by the contractors.

The origin of Contract Labour can be traced back to the emergence of the small scale industries which found it economically unfeasible or unviable to undertake all activities of production process themselves and therefore got some part of work done from workers hired on contract basis. In Colonial times, the British employers and their representatives depended on the middlemen who helped them in recruitment and control of labour mainly because they found it cumbersome to deal with the diversity of cultural issues like castes/religious taboos, languages, lack of mobility, etc. These middlemen (contractors) were known by different names in different part of the country. The system is prevalent in almost all types of activities belonging to industry, agriculture & allied activities, and service sectors. The contract workers usually remain unorganized and therefore lack bargaining power, have little or no social security and are often engaged in hazardous occupations which could endanger their health and safety. They often have little or no security of employment. However, factors like lack of continuity of work, difficulty in ensuring closer supervision by the employer, higher output or productivity of such workers, cost effectiveness, flexibility in manpower deployment, facilitation for focusing on core

2

competencies, etc., constitute advantages of the system of contract labour. The provisions in the Indian Penal Code and Workmen’s Breach of Contract Act, 1859, which made the breach of contract service conditions by contract labour criminally culpable, were used by the employers to the detriment of contract workers. In this background, the Whitely Commission had in 1860 recommended the abolition of contract labour.

The conditions of contract labour in India were evaluated by various Commissions and Committees before and after independence. All these Commissions/Committees also found their conditions to be appalling and exploitative in nature and therefore recommended abolition of contract labour system. However, the Labour Investigation Committee recommended abolition of contract labour system where it was feasible and its regulation where its abolition was not possible. This is considered as the most pragmatic approach to the problem. Further, the Supreme Court of India in the case of Standard Vacuum Refinery Company V/s their Workmen observed that contract labour should not be employed in cases where in the following four conditions are observed:

a) Work is of perennial nature; b) Work is incidental to and necessary for the work of factory; c) Work is sufficient to employ considerable number of whole time

workers; and d) Work is being done in most other concerns through regular workmen.

The recommendations of various committees, the judgment of the Hon’ble Supreme Court of India and the concerns of policy planners for the protection of contract workers from exploitation led to the enactment of Contract Labour (Regulation and Abolition) Act, 1970. The Second Five Year Plan emphasized the need for improvement in the working conditions of contract workers and recommended special treatment of contract labour so as to ensure their continuous employment where it was not possible to abolish the system. The need to conduct studies to ascertain the nature and extent of problems faced by contract labour in various industries was highlighted in the plan document. Accordingly, Labour Bureau was entrusted with the job of conducting surveys on contract labour in selected industries to study their working conditions and facilities/amenities available to them. Labour Bureau has so far conducted 47 surveys (including eight repeat surveys) in 39 different industries.

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1.1 Objectives of the Survey The main objective of the present survey is to study the working conditions, which, inter-alia include wages and Earnings, welfare facilities, social security and industrial relations of the contract labour in Sea-Ports and Shipyards in India. 1.2 Scope of the Survey The survey was conducted at all-India level by obtaining the list of major and non-major Sea-Ports and Shipyards in the country from the Website of Ministry of Shipping and from concerned departments of State Governments. 1.3 Period of the Survey The field work for the survey was conducted in the months of April and May, 2014 to collect detailed information on working conditions of Contract Labour in major and non-major Sea-Ports and Shipyards in India. 1.4 Concepts and Definitions The brief description of concepts and definitions used in the survey is given below:

Contract worker: The worker who is hired in or in connection with the work of an establishment by or through a contractor with or without the knowledge of the principal employer is called contract worker. Contractor: The contractor means a person who undertakes to produce the given result for the establishment other than a mere supply of goods and articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of establishment and may include a sub contractor within this category. Public Sector, Private Sector and Joint Sector Units: A public sector unit is one which is owned by the Central/State Government or local body. The cooperative factories are also treated as public sector undertakings provided Government has major share in them. Joint sector is one which is owned

4

jointly by Central/State Government /Local Body and private individual or company or corporation. Private sector units are those which are owned by individuals or their groups and/or by the private companies. Principal Employer: Principal employer means: i) In relation to any office or department of the Government or local authority, the head of that office or department or such other officer as the Government or the local authority, as the case may be, may specify in this behalf. ii) In a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948, (Act No.63 of the 1948), the person so named; iii) In a mine, the owner or agency of mine and where a person has been named as the manager of the mine, the person so named; iv) In any other establishment, any person responsible for the supervision and control of the establishment. Worker: A person employed directly or through any agency (including contractor) with or without the knowledge of principal employer whether for remuneration or not in any manufacturing process or in cleaning any part of machinery or premises used for manufacturing process or any other work incidental to or connected with manufacturing process or subject to the manufacturing process. Benefits in Kinds: The goods and services provided to workers in terms of cash or kind by the employer/contractor either free of cost or at subsidized rates. Establishment: Establishment means i) Any office or department of Government or local authority. ii) Any place where any industry, trade, business, occupation is carried on. Unit: Each office of the Sea-Ports and Shipyards has been taken as a separate unit for the purpose of Report Writing and presentation of the data in the subsequent text / Tables of the report.

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1.5 Coverage, Methodology and Sample Size Coverage: For the purpose of the survey, whole country has been divided into three strata which are:

i) Eastern Zone consisting of West Bengal and Orissa; ii) Western Zone consisting of Gujarat, Maharashtra and Goa; iii) Southern Zone consisting of Tamil Nadu, Karnataka, Andhra Pradesh and

Puducherry.

Methodology: A two stage sampling technique was adopted. Operative Major and Non-major Sea-Ports and Shipyards formed the first stage units and contractors engaged by these operative units formed second stage units. At the first stage all the operative units were selected for coverage. In the second stage, contractors were selected. Criterion for selection of contractors at the second stage ensured that a) one contractor having maximum employment is selected in a sampling unit engaging up to two contractors, b) two contractors, one having maximum employment and the other having minimum employment are selected in the sample units engaging 3 to 5 contractors and c) four contractors, one having maximum employment, one having minimum employment and 2 having average employment are in selected sample units engaging 6 or more contractors. Sample size: Indian Sea-Ports and shipyards sector consists of major and non-major units. Major operative Sea-Ports are 12 in number and operative shipyards are 8 in numbers out of which 4 shipyards are under jurisdiction of Ministry of Defence and therefore couldn’t be covered. Remaining 4 major shipyards and all the 12 major Sea-Ports have been covered by the survey. Further a total of 15 operational units of non-major Sea-Ports were also selected and covered. As the information on engagement of contract workers in non-major shipyards was available beforehand, only these 3 non-major shipyards which engaged contract workers were selected and covered.

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Stratum–wise coverage: As already discussed, total units at all India level have been distributed among three strata, namely, Eastern Zone, Western Zone and Southern Zone. In Eastern Zone 2 major Sea-Ports and 1 Major Shipyard have been covered as first stage units. At the second stage, out of 16 total numbers of contractors engaged by these 3 units, 9 contractors (5 in Major Sea-Ports and 4 in major shipyards) have been interviewed to canvass contractor schedules. In Western Zone, 4 major Sea-Ports engaged 37 Contractors, 9 Non-Major Sea-Ports engaged 53 Contractors, 2 Major Shipyards engaged 31 Contractors and 3 Non-Major Shipyards engaged 33 contractors. Out of these 14 contractors belonging to major Sea-Ports, 18 belonging to non-major Sea-Ports, 8 belonging to major shipyards and 10 belonging to non-major shipyards have been covered in the survey from Western Region. Thus a total number of 50 contractors are covered in Western Zone. Further in Southern Zone, 6 major Sea-Ports were covered, out of which 5 units were engaging 95 contractors, 5 non-major Sea-Ports engaged 32 contractors and 1 major shipyard engaged 232 contractors. Total 42 contractor schedules have been canvassed in the survey from Southern Zone. At all-India level the total number of 101 contractors have been interviewed for collection of data (Table 1.2).

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Table 1.1: Zone-Wise Distribution Of Operative Sea-Ports/Shipyards In Frame and Actually Covered

Sr. No. Zones Total Number of Operative

Units in Frame Number of Units actually covered

Sea-Ports Shipyards Sea-Ports Shipyards Major N.M Major N.M Major N.M Major N.M

1 Eastern Zone 2

(16.67)

0

1

(25) 0

2

(16.67) 0

1

(25) 0

2 Western Zone 4

(33.33)

10

(66.67)

2

(50)

10

(100)

4

(33.33)

10

(66.67)

2

(50)

3

(100)

3 Southern Zone 6

(50)

5

(33.33)

1

(25) 0

6

(50)

5

(33.33)

1

(25) 0

4 All India 12 15 4 10 12 15 4 3 @

Note: i) N.M. refers to non-major; ii) Figures in parentheses indicate percentages; and @ Only such non-major shipyards were covered which engaged contract workers.

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Table 1.2: Distribution Of Covered Units Engaging Contractors, Total Number Of Contractors Engaged Therein And Number Of Contractors Actually Covered

Sr. No. Zone

Total Number of Units covered Number of Units engaging contractors

Total number of contractors engaged

Total number of contractors actually covered

Sea-Ports Shipyards Sea-Ports Shipyards Sea-Ports Shipyards Sea-Ports Shipyards

Major N.M. Major N.M. Major N.M. Major N.M. Major N.M. Major N.M. Major N.M. Major N.M.

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)

1 Eastern Zone

2

(16.67) 0

1

(25) 0

2

(18.18) 0

1

(25) 0

11

(7.69) 0

5

(1.86) 0

5

(11.62) 0

4

(25) 0

2

Western Zone

4

(33.33)

10

(66.67)

2

(50)

3

(100)

4

(36.36)

9

(64.29)

2

(50)

3

(100)

37

(25.88)

53

(62.35)

31

(11.57)

33

(100)

14

(32.56)

18

(56.25)

8

(50)

10

(100)

3.

Southern Zone

6

(50)

5

(33.33)

1

(25) 0

5

(45.46)

5

(35.71)

1

(25) 0

95

(66.43)

32

(37.65)

232

(86.57) 0

24

(55.82)

14

(43.75)

4

(25) 0

All India 12 15 4 3 11 14 4 3 143 85 268 33 43 32 16 10

Note: i) N.M. refers to non-major; and ii) Figures in parentheses indicate percentages.

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Schedules Canvassed Two types of schedules were canvassed during the survey:

i) Principal Employer Schedule:- This schedule has been designed to collect information from the Principal Employer on employment of direct and contract category workers by gender; employment of contract labour by contractors engaging them; perennial and non-perennial jobs undertaken by contract workers; occupations engaging both direct and contract categories of workers. In case of both categories engaged in same occupation further information on working hours, rest interval, leave, holidays allowed, wages & earnings of direct workers, etc.

ii) Contractor Schedule:- Contractor schedule is designed to collect information on contract workers from selected contractors on parameters such as jobs performed by contract workers, period of contract, number of workers engaged on perennial and non-perennial jobs during each of the 12 selected months by gender and system of payment (time/piece-rated); distribution of workers by their length of service with selected contractors, mode of recruitment, status of employment cards, working hours, rest interval, shifts, overtime, leave and holidays, weekly off, wages and earnings by gender, other allowances, fines and deductions, advances, bonus, welfare facilities such as drinking water, conveniences and washing facilities separately for men and women, rest shelter, canteen, crèche, etc., housing, social security, maternity benefits, industrial relations, etc.

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CHAPTER – 2

REGISTRATION, LICENCE AND EMPLOYMENT 2. 1 Type of Ownership

Table 2.1 presents the distributions of units covered by type of ownership. In India, all major Sea-Ports are owned by Public Sector. At all India level out of 15 minor Sea-Ports, 11 are owned by private sector and 4 by public sector. None of the sea port and shipyard both among major and non-major falls in the category of joint sector. Further, at all India level, out of 4 major shipyards, 2 are owned by public sector and remaining 2 by private sector. 2.2 Employment of Contractors Table 2.2 presents data on distribution of units covered by the number of contractors engaged by them. As already stated, a total of 12 Major Sea-Ports and 15 non-major Sea-Ports were selected for coverage at all India level. Among the major shipyards, 4 major and 3 non-major shipyards were selected for coverage at all India level. Among the major Sea-Ports, maximum number of units i.e., 10 out of 12 , were engaging 6 or more contractors. Among non-major Sea-Ports, 14 units were engaging contractors out of which, 6 units i.e., 42.85 percent were engaging up to 2 contractors. Both major and non-major shipyards in India observed to be engaging more than 3 contractors during the survey period. A perusal of table 2.2 at zonal level reveals that in Eastern Zone out of 2 major Sea-Ports, 1 port was engaging up to 2 contractors and another one was engaging 6 or more contractors. Only 1 shipyard was covered in Eastern Zone which was engaging 3 to 5 contractors. In Western Zone, out of 4 major Sea-Ports, 1 port (25 per cent) was engaging 3 to 5 contractors and remaining 3 (75 percent) were engaging 6 or more contractors. In this region, out of 10 non-major Sea-Ports 9 were engaging contractors. In other words, 1 non major port in Western Zone did not engage any contractor. Out of the 9 non-major ports, engaging four units, i.e., 44.44 percent were engaging up to 2 contractors, 3 were engaging 3 to 5 contractors (33.33 percent) and 2 (22.22 per cent) were engaging 6 or more contractors. All major shipyards in Western Zone were engaging 6 or more contractors. Out of 3 non-major shipyards covered from this region, one fell in the category of engaging 3-5 contractors and remaining two shipyards engaged 6 or more contractors. In Southern Region, all the 6

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major Sea-Ports covered were found engaging 6 or more contractors. Out of 5 non major Sea-Ports covered in this region, 2 engaged upto 2 contractors and three engaged more than 6 contractors. The only shipyard covered from the region belonged to major category and it also engaged more than 6 contractors. 2.3 Employment of Direct and Contract Labour in units covered Table 2.3 presents distribution of total employment in units covered by the category of employment i.e. direct and contract. It may be observed from the table that non-major Sea-Ports and shipyards have large share of contract workers than direct workers at all India level. Major Sea-Ports and shipyards are found to be employing less proportion of contract workers than direct workers. Similar trend is observed at zonal level. In Eastern Zone only 201 and 128 contract workers were engaged in two major Sea-Ports and one major shipyard. Western Zone has reported maximum number of contract workers i.e., 1545 and 3993 in four major and ten non-major Sea-Ports respectively. 2.4 Gender-Wise Distribution of Contract Labour in units covered Gender-wise distribution of contract worker employed in units covered is presented in from Table 2.4. It may be observed that at all India level non-major Sea-Ports have least representation of women workers i.e, 0.2 per cent of total workers employed by sample unit workers. Whereas major Sea-Ports in India have higher share of women i.e., approximately 13 per cent of total contract workers employed in them. At zonal level, none of the contractors covered in non-major Sea-Ports and well as shipyards (major and non-major) employed women workers in Western Zone. Barring major Sea-Ports in Southern Zone, whole the representation of women contract workers is observed to be either negligible or nil in all zones across Sea-Ports and shipyards (both major and non-major). 2.5 Distribution of contract workers engaged by contractors by

Length of Service 2.5.1 Length of Service of contract workers in Major Sea-Ports and

Shipyards

Table 2.5(a) reveals the distribution by length of service of the contract workers engaged by contractors covered in Major/Non Major Sea-Ports/Shipyards in India. At all India level, in major shipyards, the maximum proportion (41 percent)

12

of contract workers have rendered service of “more than 1 year but less than 3 years”. In major Sea-Ports, maximum proportion of workers (54 percent) is in service category of “upto one year” and proportion of contract workers in “more than 10 years” category is about 3 percent in Major Sea-Ports and 11.4 percent in Major Shipyards.

2.5.2 Length of Service of contract workers in Non-Major Sea-Ports and Shipyards

Table 2.5 (b) depicts that none of the contract worker in non-major shipyards has more than 5 years of service with the present contractor. Out of 2226 contract workers engaged by contractors covered in non-major Sea-Ports , 57.1 per cent workers have “more than 1 year but less that 3 years” of service. In non-major shipyards maximum proportion (93.4 per cent) of contract workers have been reported in the group of “upto 1 year of service”. 2. 6 Seasonal Variations in Employment 2.6.1 Seasonal Variations in Employment of contract labour in major

Sea-Ports and Shipyards To study seasonal variation in employment of contract labour the data on number of workers engaged by sample contractors was also collected for 12 months preceding the reference date. It can be seen from table 2.6 (a) that at all India level the number of contract workers has increased in the reference period as compared to their average monthly employment in the 12 months period preceding reference period in Sea-Ports and shipyards at all-India level. At zonal level also similar trend has been observed except shipyards in Southern Zone which has registered a reverse trend. 2.6.2 Seasonal Variations in Employment of contract labour in non-

major Sea-Ports and Shipyards Table 2.6 (b) shows that at all India level number of contract workers has increased during the time of survey in Sea-Ports as well as in shipyards when compared with average monthly employment of preceding 3 months, 6 months and one year. Similar trend can be observed at zonal level.

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2.7 Mode of Recruitment 2.7.1 Mode of Recruitment in major Sea-Ports and Shipyards It can be observed form Table 2.7(a) that in major Sea-Ports and major shipyards the most popular method of recruitment is direct recruitment as more than 79 percent contractors in Sea-Ports and more than 93 percent contractors in shipyards resorted to direct recruitment method. Not even a single contractor reported utilization of placement agency for recruitment of contract workers. The same kind of inference can be drawn zone wise. The maximum number of contractors covered i.e., 4 out of 5 in Eastern Zone 11 out of 14 in Western Zone and 19 out of 24 in Southern Zone have used reported by the method of direct recruitment to recruit workers in Major Sea-Ports. Only 1 contractor in Southern Zone used the services of Employment Exchange to engage workers in major Sea-Ports. The network of existing workers for recruitment of contract workers has been used by major seaport in all zones and by major shipyard in only Southern zone. 2.7.2 Mode of Recruitment in non-major Sea-Ports and Shipyards At all-India level in non-major Sea-Ports and shipyards respectively out of 32 and 10 contractors, 29 (90.6%) and 8 (80%) contractors resorted to direct recruitment method for engaging contract workers. Two contractors in non-major Sea-Ports (6.3 percent) and shipyards (20 percent) used the services of existing workers and only one contractor (3.1 percent) in non-major Sea-Ports used the services of private placement agency for recruitment of workers. At zonal level, in Western Zone out of respectively 18 and 10 contractors in non-major Sea-Ports and shipyards, 16 and 8 respectively adopted the method of direct recruitment; whereas 2 contractors each in non-major Sea-Ports and shipyards used the services of existing workers for this purpose. In Southern Zone, 13 out of 14 contractors adopted the method of direct method in non-major Sea-Ports. 2.8 Employment by Occupation Employment of contract workers by occupation is given in Table 2.8. It indicates that maximum numbers of workers i.e,349 security guards in non-major

14

Sea-Ports followed by 310 and 201 drivers on contract basis in major and non-major Sea-Ports respectively are engaged at all India level. In Eastern Zone helpers constitute largest share of employment in major i.e., 88 followed by 81 and 79 unskilled and skilled workers respectively. In Western Zone, 289 drivers on contract basis followed by 122 general labour and 63 helpers have largest numbers. In major Sea-Ports & non-major Sea-Ports, 202 general mazdoor constitute largest numbers followed by 192 drivers. In major and non-major shipyards helpers 39 workers is the largest among the categories of contract workers. In Southern Zone, 110 numbers of sweepers on contract basis have largest numbers. In non-major Sea-Ports 228 security guards followed by 142 loader/un-loaders have maximum share. In major shipyards supervisor (general mazdoor) have constituted maximum number of contract workers. 2.9 Employment Cards 2.9.1 Employment Cards in Major Sea-Ports and Shipyards The Provision of the Contract Labour Act, 1970 requires every contractor to issue employment card to each of his workers within three days of employment and this has to be kept updated. It may be observed from Table 2.9(a) that at all India level a total of 53.5 percent contractors in major Sea-Ports issued Employment Cards to their workers 39.5 percent contractors had not issued cards and remaining 7.0 percent shown their unawareness about the relevant provision. In major shipyards proportion of contractors issuing employment cards works out to be 75.0 percent, not issuing cards and not aware of the provision it works out to be 12.5 percent each. 2.9.2 Employment Cards in Non-Major Sea-Ports and Shipyards Table 2.9(b) presents percentage distribution of contractors in non-major Sea-Ports and shipyards by the status of issuing employment cards. It may be observed from the table that 68.7 percent contractors in non-major Sea-Ports had issued employment cards, 21.9 percent had not issued and remaining 9.4 percent were not aware of the provision. In non-major shipyards all contractors covered had issued employment cards to their workers.

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Table 2.1: Distribution Of Units Covered By Ownership Type

Sr.

No.

Zone Total Number of Units Covered

Total Number of Units belonging to

Public Sector Private Sector Joint Sector



(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)

1 Eastern Zone

2

(16.67) 0

1

(25) 0

2

(7) 0

1

(50) 0 0 0 0 0 0 0 0 0

2 Western Zone

4

(33.33)

10

(66.67)

2

(50)

3

(100)

4

(33.37)

2

(50)

0

0 0

8

(72.73)

2

(100)

3

(100) 0 0 0 0

3. Southern Zone

6

(50)

5

(33.33)

1

(25) 0

6

(50)

2

(50)

1

(50) 0 0

3

(27.27) 0 0 0 0 0 0

All-India 12 15 4 3 12 4 2 0 0 11 2 3 0 0 0 0

Note: N.M. refers to non-major

16

Table 2.2: Distribution of units covered by number of contractors engaged

Sr.

No.

Zone Number of Units covered

Number of Units engaging contractors

Sea-Ports Shipyards

Sea-Ports Shipyards 0 Up to 2 3 to 5 6 or More 0 Up to 2 3 to 5 6 or More

M. N.M. M. N.M. M. N.M. M. N.M. M. N.M. M. N.M. M. N.M. M. N.M. M. N.M. M. N.M.

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22)

1 Eastern

Zone

2

(16.67) 0

1

(25) 0 0 0

1

(100) 0 0 0

1

(10) 0 0 0 0 0

1

(100) 0 0 0

2 Western

Zone

4

(33.33)

10

(66.67)

2

(50)

3

(100) 0

1

(100) 0

4

(66.67)

1

(100)

3

(100)

3

(30)

2

(40) 0 0 0 0 0

1

(100)

2

(66.67)

2

(100)

3. Southern

Zone

6

(50)

5

(33.33)

1

(25) 0 0 0 0

2

(33.33) 0 0

6

(60)

3

(60) 0 0 0 0 0 0

1

(33.33) 0

All India 12 15 4 3 0 1 1 6 1 3 10 5 0 0 0 0 1 1 3 2

Notes: i) M refers to major and ii) N.M. refers to non-major

17

Table 2.3 : Employment of Direct & Contract labour

Sr.

No.

Zone Total No. Of Units covered Total Number of Workers

Direct Contract Total


Major N.M. Major N.M. Major N.M. Major

N.M. Major N.M. Major N.M. Major N.M. Major N.M.

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)

1 Eastern Zone 2 0 1 0

2714

(93) 0

157

(55) 0

201

(7) 0

128

(45) 0

2915

(100) 0

285

(100) 0

2 Western Zone 4 10 2 3

19653

(92.7)

1075

(21.2) 386

(43.7) 80

(15.7) 1545 (7.3)

3993 (78.8)

497

(56.3) 431

(84.3) 21198 (100.0)

5068 (100.0)

883 (100.0)

511 (100.0)

3. Southern Zone 6 5 1 0

3292

(74.0) 524

(18.9) 1159 (65.1) 0

1158 (26.0)

2247 (81.1)

622

(34.9) 0 4450 2771 1781 0

All-India

12 15 4 3 22945 (88.8)

1599 (20.4)

1702 (57.7)

80 (15.7)

2904 (11.2)

6240 (79.6)

1247

(42.3) 431

(84..3) 25849 (100.0)

7839 (100.0)

2949 (100.0)

511 (100.0)

Note: N.M. refers to non-major

18

Table 2.4 Gender-wise distribution of Contract Labour in units covered

Sr.

No.

Zone Number of Units covered

Total Number of Contractors Covered

Distribution of workers employed (Gender-wise) in units covered

Sea-Ports Shipyard

s Sea-Ports

Shipyards

Sea-Ports Shipyards

Men Women Total Men Women Total

M. N.M

. M.

N.M.

M.

N.M. M.

N.M. M.

N.M. M.

N.M. M.

N.M. M.

N.M. M.

N.M. M.

N.M.

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22)

1 Eastern

Zone 2 0 1 0 5 0 4 0 191 0 10 0 201 0 128 0 0 0 128 0

2 Western

Zone 4 9 2 3 14 18 8 10 1460 3993 85 0 154

5 3993 497 431 0 0 497 431

3.

Southern

Zone

6 5 1 0 24 14 4 0 883 2232 275 15 1158

2247 603 0 19 0 622 0

All India

12 14 4 3 43 32 16 10

2534 (87.3

)

6225 (99.8

)

370 (12.7

) 15

(0.2) 290

4 6240

1228 (98.5

)

431 (100.0

)

19 (1.5

) 0 124

7 431

Notes: i) M refers to major and ii) N.M. refers to non-major

19

Table 2.5 (a): Distribution of contract labour employed by contractors covered by length of service in Major Ports/Shipyards

Sr.No. Zone Total Number of Contract Labour

Employed by Contractors Covered

Number of Contract Labour employed by the Contractors covered by length of service

Sea-Ports

Shipyards Sea-Ports Shipyards

≤ 1 year 1 ≤3 3 ≤5 5 ≤10 > 10 ≤ 1 year 1 ≤3 3 ≤5 5 ≤10 > 10

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)

1 Eastern

Zone 295 115 195 58 42 0 0 20 48 0 0 47

2 Western

Zone 651 168 153 443 0 15 40 33 65 38 20 12

3. Southern

Zone 433 235 395 4 6 28 0 130 99 6 0 0

All India 1379 518

743 (53.9)

505 (36.6)

48

(3.5)

43

(3.1)

40

(2.9)

183

(35.3)

212

(40.9)

44

(8.5)

20

(3.9)

59

(11.4)

20

Table 2.5 (b): Distribution of contract labour employed by contractors covered by length of service in Non-Major Ports/Shipyards

Sr.No. Zone Total Number of Contract Labour

Employed by Contractors

Covered

Number of Contract Labour employed by the Contractors covered by length of service

Sea-Ports


≤ 1 year

1 ≤3 3 ≤5 5 ≤10 > 10 ≤ 1 year

1 ≤3 3 ≤5 5 ≤10 > 10

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)

1 Eastern

Zone 0 0 0 0 0 0 0 0 0 0 0 0

2 Western

Zone 1423 137 103 1134 39 73 74 128 8 1 0 0

3. Southern

Zone 803 0 618 136 39 10 0 0 0 0 0 0

All India 2226 137

721

(32.4)

1270

(57.1)

78

(3.5)

83

(3.7)

74

(3.3)

128

(93.4)

8

(5.8)

1

(0.8) 0 0

21

Table 2.6 (a):Variation in the employment of contract labour during one year preceding the reference period in Major Sea-Ports and Shipyards

Sr.

No.

Zone

Total No. of Contractors Covered

Total no. of Contract Labour Employed during reference

period by Contractors covered

Average Employment of Contract Labour engaged by these Contractors during

Sea-Ports Shipyards Sea-Ports Shipyards

Sea-Ports Shipyards

Preceding 3 Months

Preceding 6 Months

Preceding 1 Year

Preceding 3 Months

Preceding 6 Months

Preceding 1 Year

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)

1 Eastern Zone 5 4 295 115 244

(-17.3)

238

(-19.3)

234

(20.7)

102

(11.3)

105

(-8.7)

105

(8.7)

2 Western Zone 14 8 651 168 640

(1.7)

628

(3.5)

618

(5.7)

145

(-13.7)

150

(-10.7)

164

(2.4)

3. Southern Zone 24 4 433 235 423

(2.3)

405

(6.5)

369

(-14.8)

244

(3.8)

251

(6.8)

245

(4.5)

All-India 43 16 1379 518

1307

(-5.2)

1271

(-7.8)

1221

(11.5)

491

(-5.2)

506

(-2.3)

514

(-0.8)

Note: Figures in parentheses indicate percentage changes in employment during the period as compared to the Reference period employment.

22

Table 2.6 (B):Variation in the employment of contract labour during one year preceding the reference period in Non-Major Sea-Ports and Shipyards

Sr.

No.

Zone Total No. of

Contractors Covered

Total no. of Contract Labour Employed by Contractors covered

Average Employment of Contract Labour engaged by these Contractors during

Sea-Ports Shipyards Sea-Ports Shipyards

Sea-Ports Shipyards

Preceding 3 Months

Preceding 6 Months

Preceding 1 Year

Preceding 3 Months

Preceding 6 Months

Preceding 1 Year

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)

1 Eastern Zone - - - - - - - - - -

2 Western Zone 18 10 1423 137 407

(1.1)

1380

(3.0)

1332

(6.4)

137

(0)

120

(-12.4)

120

(-12.4)

3. Southern Zone 14 0 803 0 796

(0.9)

757

(5.7)

735

(-8.5) 0 0 0

All-India 32 10 2226 137

2203

(1.0)

2137

(-0.4)

2067

(-7.1)

137

(0)

120

(-12.4)

120

(-12.4)

Note: Figures in parentheses indicate percentage changes in employment during the period as compared to the Reference period employment.

23

Table 2.7 (a): Distribution of contractors by methods of recruitment in Major Sea-Ports/Shipyards

Sr.

No.

Zone Total Number of Contractors Covered

Sea-Ports Shipyards

Sea-Ports

Shipyards

Direct Through Employment Exchange

Through Existing Workers

Through Private Placement Agency

Others

Direct Through Employment Exchange


Through Private Placement Agency

Others

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)

1 Eastern Zone

5 4

4 0 1 0 0 4 0 0 0 0

2 Western Zone

14 8

11 0 2 0 1 8 0 0 0 0

3.

Southern Zone

24

4

19 1 3 0 1 3 0 1 0 0

All-India 43 16 34

(79.1)

1

(2.3)

6

(13.9)

0 2

(4.7)

15

(93.8)

0 1

(6.2)

0 0

24

Table 2.7 (b): Distribution of contractors by methods of recruitment in Non-Major Sea-Ports/Shipyards

Sr.

No.

Zone Total Number of Contractors

Covered

Sea-Ports Shipyards

Sea-Ports

Shipyards

Direct Through

Employment Exchange


Through Private

Placement Agency

Others

Direct Through

Employment Exchange


Through Private

Placement Agency

Others

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)

1 Eastern Zone

0 0

0 0 0 0 0 0 0 0 0 0

2 Western Zone

18 10

16 0 2 0 0 8 0 2 0 0

3.

Southern one

14

0

13 0 0 1 0 0 0 0 0 0

All-India 32 10 29

(90.6) 0

2

(6.3)

1

(3.1) 0

8

(80.0) 0

2

(20.0) 0 0

25

Table 2.8: Occupation wise distribution of contract workers

Sr.

No. Occupation

Eastern Zone Western Zone Southern Zone All India


Major N.M Major N.M Major N.M Major N.M Major N.M Major N.M Major N.M Major N.M

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)

1 Carpenter 0 0 2 5 0 0 0 17 0 2 22 0 0

2 Cleaner 0 0 17 68 0 0 2 4 0 19 72 0 0

3 Driver * 12 0 289 192 0 0 9 9 0 310 201 0 0

4 Electrician 0 0 2 30 8 0 27 25 0 29 55 8 0

5 Fitter 0 16 2 82 20 20 22 17 14 24 99 50 20

6 Foremen 0 0 12 0 0 6 2 0 0 14 0 0 6

7 Gas Cutter 0 10 0 0 0 4 0 1 0 0 1 10 4

8 General Mazdoor/ labour

0 0 7 202 0 0 6 0 9 13 202 9 0

9 Helper 88 44 63 102 39 39 19 74 68 170 176 151 39

10 Loader/ unloaded

0 0 0 0 0 0 0 142 0 0 142 0 0

26

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)

11 Machine operator

0 0 0 0 0 2 0 0 0 0 0 0 2

12 Mason 0 0 13 60 0 0 1 19 0 14 79 0 0

13 Mechanic/ Technician

0 0 0 18 4 1 22 4 0 22 22 4 1

14 Painter 0 0 0 8 2 8 2 1 0 2 9 2 8

15 Plumber 0 0 0 0 0 0 2 0 0 2 0 0 0

16 Pump operator

0 0 2 0 0 0 2 0 0 4 0 0 0

17 Security gaurd

0 0 1 121 0 0 3 228 0 4 349 0 0

18 Supervisor (General labour)

6 4 122 65 18 15 23 48 123 151 113 145 15

19 Sweeper 0 0 8 0 0 0 110 55 0 118 55 0 0

20 Welder 0 22 10 64 20 29 7 5 14 17 69 56 29

21 Cook 0 0 3 9 0 0 3 6 0 6 15 0 0

22 Manager 0 4 2 0 0 0 1 1 0 3 1 4 0

27

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)

23 General Worker

0 0 0 62 0 0 20 5 0 20 67 0 0

24 Master 0 0 0 5 1 0 13 4 0 13 9 1 0

25 Executive 0 0 0 0 0 0 0 1 0 0 1 0 0

26 Skilled 79 0 0 0 0 0 11 14 0 90 14 0 0

27 Un skilled 81 0 0 0 0 0 27 33 0 108 33 0 0

28 Engineer 0 0 0 0 0 0 10 2 0 10 2 0 0

29 Maker 0 6 0 0 2 0 2 0 0 2 0 8 0

30 Accountant 0 0 0 0 0 0 1 1 0 1 1 0 0

31 Engine watch

0 0 0 0 0 0 2 2 0 2 2 0 0

32 Safety Inspector

0 0 0 0 0 0 0 6 0 0 6 0 0

33 Others 29 9 96 330 54 13 84 79 7 209 409 70 13

All occupations 295 115 651 1423 168 137 433 803 235 1379 2226 535 137

Notes: i) * refers to drivers of truck, lorry, tractor etc and ii) N.M. refers to non-major

28

Table 2.9 (a): Percentage distribution of contractors by states of issuing employment cards to their workers in Major Seaport and Shipyards

Sr.No. Zone Total Number of Contractors Covered

Issuing Employment Cards

Not Issuing Employment Cards

Not aware of provisions


(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

1 Eastern Zone

5 4 100.00 75.00 - - - 25.0

2 Western Zone

14 8 64.29 87.50 35.71 - - 12.5

3. Southern Zone

24 4 33.33 50.0 50.0 50.0 16.67 -

All-India 43 16 53.5 75.0 39.53 12.5 7.0 12.5

29

Table 2.9 (b): Percentage distribution of contractors by states of issuing employment cards to their workers in Non-Major Sea Port and Shipyards

Sr.No. Zone Total Number of Contractors Covered

Issuing Employment Cards

Not Issuing Employment Cards Not aware of provisions

Sea-Ports

Shipyards Sea-Ports Shipyards Sea-Ports


(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

1 Eastern Zone

0 0 - - - - - -

2 Western Zone

18 10 83.33 100.00 11.11 - 5.56 -

3. Southern Zone

14 0 50.00 - 36.4 21.4 -

All-India 32 10 68.7 100.00 21.9 - 9.4 -

30

CHAPTER- 3 WAGES AND EARNINGS

3.1 Pay/Wage period

The Payment of Wages Act, 1936 requires that every employer has to make wage payments with predefined and fixed periodicity called ‘pay/wage period’. The Act also stipulates that wage period should not exceed a ‘month’. To ensure the application of provisions of Payment of Wages Act, 1936, The Contract Labour (Regulation and Abolition) Act, 1970 provides that in case the contractor fails to make the payment of wages within the prescribed period or makes short payments, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be. The survey data reveals that wage period was fixed in all cases and in no case it exceeded a month. It further revealed that there were no piece-rated workers and all workers were paid on time-rate basis. Distribution of contract workers by pay periods is presented in Table 3.1. It may be seen that in Eastern, Western & Southern zone in both the industries i.e. Sea-Ports and shipyards, majority of the contract workers were paid on monthly basis and only a minuscule number got paid on Weekly basis. None of contract worker was paid daily in shipyards. 3.2 Payment of Wages

The Contract Labour (Regulation and Abolition) Act, 1970 further provides that the rates of wages payable to contract workers should not be less than the rates prescribed under the Minimum Wages Act, 1948. For such employment and in cases the workmen employed by the contractor performed the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of work of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of establishment on the same or similar kind of work.

The data on occupation wise daily wage rates of contract workers are

presented in Table 3.2. It shows that at all-India level per day wage of contract workers in Sea-Ports was the lowest in case of occupation Pump Operator (Rs. 117.00) and the highest in case of Master (Rs. 2323.50) Whereas in Shipyards, occupational daily wage rate per day is the lowest for Helper occupation (Rs. 188.00) and highest for Marker occupation (Rs. 920.00). The All India Average wage rate in

31

Sea-Ports and Shipyards comes out to be Rs 498.97. The All India Average wage rate in major Sea-Ports is Rs. 637.56, in non-major Sea-Ports Rs. 505.62, in non-major Shipyards Rs. 328.41 and in non-major shipyards it is Rs. 293.55.

Further, the Act makes it obligatory on the principal employer to ensure

nomination of a representative duly authorized by him to be present at the time of disbursement of wages by the contract workers. It shall be the duty of such representative to certify the amount paid as wages in the wage-register. Further, it shall be duty of the contractor to ensure the disbursement of wages in the presence of an authorized representative of principal employer. The survey data revealed that at all-India level, above provision is complied by more than 80.00 per cent employers.

3.3 Wage Rate per day by Occupation and Gender 3.3.1 Wage Rate per day by Occupation (Men)

The data on occupation wise range of daily wage rates of men contract workers are presented in Table 3.3 (M). It shows that all-India level per day wage in respect of male contract workers in Sea-Ports was the lowest (Rs. 117.00) in case of occupation Pump Operator and the highest (Rs. 2332.50) in case of occupation Master. Whereas in shipyards occupational daily wage rates per day range from the minimum Rs. 188.00 for helper occupation to Rs. 920.00 for Marker occupation.

3.3.2 Wage Rate per day by Occupation (Women)

For women contract workers at all-India level the lowest wage per day in Sea-Ports was Rs. 130.00 in case of cleaner occupation and the highest was Rs. 500.00 in case of Manager. In no case women contract workers were found to be given lower wage Rate than their male counterpart for the same/similar job in the same establishment. The range of per day wages in case of women contract workers in shipyards was Rs. 230.00 and Rs. 424.00 for Supervisor and helper respectively.

3.4 Dearness Allowance

Table 3.4 reveal that the Dearness Allowance (DA) as a separate component was paid by 9 out of 43 contractors in major Sea-Ports and 4 out of 32 contractors in non-major Sea-Ports. In major shipyards out of 16 contractors, 8 were paying D.A. as a separate component. No contractor was found to be paying D.A. to its workers as a separate component of salary/wages in non-major shipyards. The same is true for all

32

three zones in non-major shipyards and Eastern, Western zones in Major Shipyards. In Eastern Zone no contractor was paying D.A. as a separate component in Sea-Ports/shipyards (major and non-major).

3.5 Overtime Work Wage

As per the provisions of Minimum Wage Act, 1948, for overtime work, the workers are to be paid at the rate of double the normal wage.

3.5.1 Overtime Wage in Major Sea-Ports/Shipyards Table 3.5 (a) reveals that in major shipyards, out of 16 contractors, 11 (68.8 percent) were getting work done on overtime basis and out of these 11 contractors 10 contractors (99.9 percent) were found to be paying double wages and only one contractor ( 9.1 percent) was paying ordinary wages. In major Sea-Ports, out of 43 contractors only 12 (27.9 percent) got work done on overtime. Out of these, 7 (58.3 percent) paid double wage, 4 (33.3 percent) paid ordinary wage and 1 paid at a different rate. Zone wise data reveals that in Western Zone, all contractors in major shipyards got work done on over time basis and paid double wages. No case of paying fixed wages per hour or any other rate of payment was observed in Sea-Ports and shipyards in lieu of over time. 3.5.2 Overtime Wage in Non-Major Sea-Ports/Shipyards

Table 3.5 (b) depicts that, at All-India level out of 32 contractors in non-major Sea-Ports, 11 (34.3 percent) were getting work done on overtime basis and out of these maximum number of contractors i.e. 9 were paying double wages and rest 2 (18.2 percent) were paying ordinary wages. In Western Zone out of 18 contractors, 9 (81.8 percent) were getting work done on overtime basis and 8 were paying double wages and one was paying ordinary wages. It is also pertinent to note here that no contractor in Southern and Western Zone in non-major shipyards was found to be getting his work done on overtime basis.

33

3.6 Other Cash Allowances 3.6.1 Other Cash Allowances in Major and Non-Major Sea-Ports

Table 3.6 (a) presents data on other cash allowances, viz., conveyance, house rent, washing, city compensatory, medical, night shift, education etc. paid by contractors belonging to Major and Non-Major Sea-Ports to their workers. It emerges from the Table that in Major Sea-Ports out of 43 contractor, 9 contractors (20.9 percent) were paying conveyance allowance to the contract workers, 7 contractors (16.27 per cent) were paying house rent allowance, 6 contractors (14 per cent) were paying medical allowance, and 2.3 per cent i.e. only 1 contractor was paying washing allowance; LTC, food allowance, site allowance, Hard duty allowance and other allowances were not given by any contractor to their workers.

In non-major Sea-Ports out of 32 contractors cove red 4 contractors, (12.5 per cent) were paying conveyance allowance as well as house rent allowance to the contract worker and 6.3 per cent i.e. 2 contractors were paying medical allowance; Washing allowance, LTC, food allowance, site allowance, Hard duty allowance and other allowances were not given by any contractor in non-major Sea-Ports. 3.6.2 Other Cash Allowances in Major and Non-Major Shipyards

Table 3.6(b) shows that in Major Shipyards industry, out of 16 contractors covered 25.00 per cent contractors i.e. 4 were paying medical allowance and 12.5 per cent contractors, i.e. 2 were paying washing allowance; HRA, conveyance, LTC, food allowance, site allowance, Hard duty allowance and other allowances were not paid by any contractor in major category.

Table further depicts that in non-major Shipyards industry, 30.00 per cent contractors i.e. 3 out of 10 covered were paying house rent allowance to the contract workers, and only one contractor i.e. 10.00 per cent was paying medical allowance. Washing allowance, LTC, food allowance, site allowance, Hard duty allowance and other allowances were paid by none of the contractor covered. 3.7 Benefits in Kind 3.7.1 Benefits in Kind in Major Sea-Ports/Shipyards

It may be seen from the Table 3.7 that contract workers were getting benefits in kind either from the Principal Employer or from the Contractor. Table 3.7(a)

34

reveals that more than 53 percent contractors were providing uniforms in major Sea-Ports, more than 23 percent contractors were providing food and more than 58 percent contractors were giving tea/coffee or snacks to their workers at all-India level. In maximum number of instances both contractors and employers were providing benefits in kind to their workers in major Sea-Ports and shipyards. At all-India level in major shipyards 75 percent of contractors were providing tea/coffee or snacks to their workers and 81 percent were providing uniforms. In Eastern Zone 40 percent of contractors are providing uniforms to workers engaged in major Sea-Ports and the same proportion of contractors are also found to be providing tea/coffee or snacks to contract workers engaged by them in major Sea-Ports. In major shipyards 50 percent of contractors are providing uniforms and 25 percent of contractors are providing tea/coffee or snacks to workers engaged in Eastern Region. In Western Zone more than 64 percent of contractors in major Sea-Ports and 100 percent of contractors in major shipyards are found to be providing uniforms to workers engaged. In Southern Zone, more than 58 percent of contractors are found to be providing tea/coffee or snacks followed by more than 53 percent of contractors providing uniforms to their workers in major Sea-Ports. In major shipyards 75 percent of contractors are providing uniforms as well as tea/coffee or snacks and 50 percent were providing food to the workers engaged.

3.7.2 Benefits in Kind in Non Major Sea-Ports/Shipyards

Table 3.7 (b) reveals that more than 59 percent contractors were providing uniforms, 25 percent were providing food, and more than 78 percent were giving tea/coffee or snacks at all-India level in non-major Sea-Ports. In maximum number of instances i.e. 25 out of 32, contractors and employers both were providing benefits in kind to their workers in non-major Sea-Ports. At all-India level in non-major shipyards, 100 percent cases employers were providing benefits in kind uniform, 20 percent of contractors provided tea/coffee or snacks to their workers. In Western Zone about 67 percent of contractors were providing uniforms, more than 33 percent were providing food and more than 83 percent were providing tea/coffee or snacks to their contract workers in non-major Sea-Ports. In non-major shipyards 100 percent contractors were providing uniform and 20 percent of contractors were providing tea/coffee or snacks to their workers in the region.

35

3.8 Payment of Bonus / Ex-gratia 3.8.1 Payment of Bonus / Ex-gratia in Major Sea-Ports/Shipyards

Table 3.8 (a) depicts the welfare conditions of workers in terms of payment of bonus/ex-gratia etc. in major Sea-Ports and shipyards. At all-India level in major Sea-Ports on an average an amount of Rs. 10643 is observed to be paid as Annual Bonus to contract workers. Out of 1379 contract workers engaged in major Sea-Ports, 472 contract workers (34.2 percent) were getting annual bonus. In major shipyards an average amount of Rs. 15997was paid by contractors as Annual Bonus to workers engaged and out of 518 workers engaged in major shipyards, 225 contract workers (43.4 percent) were paid annual bonus. In major Sea-Ports and shipyards no contract worker was found to be given festival bonus. In Eastern Zone no contractor was found to be paying any type of bonus to workers engaged in major Sea-Ports. Out of 115 contract workers engaged in major shipyards in Eastern Region only 3 received annual bonus, average of which works out to be Rs. 4396. In Western Zone 6 contractors are observed to be paying annual bonus to 443 contract workers out of 651 engaged in the major Sea-Ports in the region, while in major shipyards 8 contractors were paying annual bonus to all the 168 contract workers engaged by them. In Southern Zone, 3 contractors were paying annual bonus to 29 out of 433 contract workers engaged by them in major Sea-Ports. In major shipyards in the region only one contractor has been found to be paying annual bonus to contract workers engaged, who paid bonus to 225 workers.

3.8.2 Payment of Bonus / Ex-gratia in Non-Major Sea- Ports/Shipyards

Table 3.8 (b) depicts the conditions of workers in terms of payment of bonus/ex-gratia etc in non-major Sea-Ports and shipyards in India. At all-India level 9 contractors in non-major Sea-Ports were observed paying annual bonus and 1 paid festival bonus to 486 contract workers. In non-major shipyards, 4 contractors were paying annual bonus to 137 contract worker. In Western Zone 9 contractors are observed to be paying annual bonus to 476 contract workers in the non-major Sea-Ports. In non-major shipyards, 4 contractors were paying annual bonus to 137 contract workers. In Southern Zone 1 contractor paid annual bonus to 10 contract workers in non-major Sea-Ports.

36

3.9 Advances 3.9.1 Advances in Major Sea-Ports/Shipyards

In major Sea-Ports, it can be seen from table 3.9 (a) that at all-India level sixteen contractors are found to be giving any sort of advance to their workers in major Sea-Ports. Only 2 contractors in major shipyards are observed to be giving advances to their contract workers. In Eastern Zone only 1 contractor gave advances to contract workers in major Sea-Ports whereas in major shipyards no contractor was providing any type of advance. In Western Zone, 3 contractors in major Sea-Ports and 1 in major shipyards are giving advances to contract workers. In Southern Zone 12 contractors in major Sea-Ports and 1 contractor in major shipyards are providing any type of advance to their contract workers.

3.9.2 Advances in Non-Major Sea-Ports/Shipyards It can be seen from table 3.9 (b) that only 5 contractors are found to be giving any sort of advance to their contract workers in non major Sea-Ports. Eight contractors in non major shipyards are observed to be giving advances to their contract workers. In Western Zone, 4 contractors in non-major Sea-Ports and 8 in non-major shipyards are providing advances to their workers.

37

Table 3.1: Distribution of Contract workers by pay period

Sr.

No.

Zone Total No. of Contract Workers Employed by Contractors Covered

No. of Contract Workers Paid

Sea-Ports Shipyards

Sea-Ports Shipyards

Monthly Fort-nightly

Weekly Daily Monthly Fort-nightly

Weekly Daily

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)

1 Eastern

Zone 295 115 295 0 0 0 99 4 12 0

2 Western

Zone 2074 305 1976 56 42 0 305 0 0 0

3 Southern

Zone 1236 235 1093 0 60 83 235 0 0 0

All-India 3605 655

3364

(93.3)

56

(1.6)

102

(2.8)

83

(2.3)

639

(97.6)

4

(0.6)

12

(1.8)

0

38

Table 3.2: Occupation-wise per day wage rates of contract workers working on the same / similar jobs in the same unit

Sr. No. Occupation

Daily wages of Contractor Workers in

Sea-Ports Shipyards Occupation Wise Average Wages Major Non-Major Major Non-Major

(1) (2) (3) (4) (5) (6) (7)

A. Eastern Zone

1 Driver 348.00 0.00 0.00 0.00 348.00

2 Fitter 0.00 0.00 254.75 0.00 254.75

3 Gas Cutter 0.00 0.00 210.00 0.00 210.00

4 Helper 272.00 0.00 188.00 0.00 204.80

5 Supervisor 435.33 0.00 237.00 0.00 336.17

6 Welder 0.00 0.00 251.43 0.00 251.43

7 Manager 0.00 0.00 262.33 0.00 262.33

8 Skilled 323.00 0.00 0.00 0.00 323.00

9 Un skilled 291.00 0.00 0.00 0.00 291.00

10 Marker 0.00 0.00 410.67 0.00 410.67

39

(1) (2) (3) (4) (5) (6) (7)

11 Others 363.17 0.00 187.50 0.00 292.90

B Western Zone

12 Carpenter 396.00 417.50 0.00 0.00 406.75

13 Cleaner 250.00 0.00 0.00 0.00 166.67

14 Driver 515.00 301.13 0.00 0.00 372.42

15 Electrician 295.00 577.50 325.00 0.00 399.17

16 Fitter 396.00 345.21 382.00 308.25 342.31

17 Foremen 475.00 0.00 0.00 305.00 347.50

18 Gas Cutter 0.00 0.00 0.00 303.75 303.75

19 General Labour 313.00 250.00 0.00 0.00 286.00

20 Helper 311.25 274.75 271.43 238.75 274.13

21 Machine Operator 0.00 0.00 0.00 215.00 215.00

22 Mason 483.00 250.00 0.00 0.00 405.33

23 Mechanic 0.00 577.50 325.00 270.00 390.83

24 Painter 0.00 219.00 325.00 328.75 300.38

25 Pump Operator 600.00 0.00 0.00 0.00 600.00

26 Security Guard 150.00 366.60 0.00 0.00 330.50

40

(1) (2) (3) (4) (5) (6) (7)

27 Supervisor 490.14 352.39 570.00 329.69 426.77

28 Sweeper 325.00 0.00 0.00 0.00 325.00

29 Welder 375.00 309.08 364.50 303.17 322.88

30 Cook 348.00 337.50 0.00 0.00 343.80

31 Manager 475.00 0.00 0.00 0.00 475.00

32 General Worker 0.00 310.00 350.00 0.00 330.00

33 Master 0.00 320.00 275.00 0.00 297.50

34 Marker 0.00 0.00 920.00 0.00 920.00

35 Surveyor 0.00 337.50 0.00 0.00 337.50

36 Others 943.43 354.32 315.00 278.00 443.77

C Southern Zone

37 Carpenter 0.00 350.00 0.00 0.00 350.00

38 Cleaner 257.00 603.33 0.00 0.00 516.75

39 Driver 423.25 339.67 0.00 0.00 387.43

40 Electrician 309.60 313.29 0.00 0.00 311.75

41 Fitter 407.67 350.00 355.00 0.00 376.14

42 Foremen 167.00 0.00 0.00 0.00 167.00

41

(1) (2) (3) (4) (5) (6) (7)

43 Gas Cutter 0.00 425.00 0.00 0.00 425.00

44 General Labour 350.00 500.00 355.00 0.00 401.67

45 Helper 318.00 275.71 381.13 0.00 315.44

46 Loader 0.00 600.00 0.00 0.00 600.00

47 Mason 577.00 400.00 0.00 0.00 459.00

48 Mechanic 459.00 310.00 0.00 0.00 416.43

49 Painter 0.00 475.00 0.00 0.00 475.00

50 Plumber 220.00 0.00 0.00 0.00 220.00

51 Pump Operator 117.00 0.00 0.00 0.00 117.00

52 Security Guard 336.00 276.50 0.00 0.00 288.40

53 Supervisor 444.00 484.94 355.00 0.00 467.58

54 Sweeper 239.71 226.50 0.00 0.00 234.91

55 Welder 265.00 352.50 355.00 0.00 315.71

56 Cook 550.33 343.33 0.00 0.00 446.83

57 Manager 1800.00 961.00 0.00 0.00 1380.50

58 General Worker 400.00 255.00 0.00 0.00 327.50

59 Master 1965.07 2332.50 0.00 0.00 2098.68

42

(1) (2) (3) (4) (5) (6) (7)

60 Executive 0.00 418.00 0.00 0.00 418.00

61 Skilled 347.00 321.00 0.00 0.00 334.00

62 Unskilled 260.00 222.00 0.00 0.00 241.00

63 Engineer 1342.20 1830.00 0.00 0.00 1481.57

64 Marker 0.00 0.00 0.00 0.00 0.00

65 Accountant 1000.00 1807.00 0.00 0.00 1403.50

66 Engine Watch 656.50 608.50 0.00 0.00 632.50

67 Safety Inspector 0.00 297.00 0.00 0.00 297.00

68 Others 1215.31 714.64 355.00 0.00 906.42

All India Avg. Wages 637.56 505.62 328.41 293.55 498.97

43

Table 3.3 (M): Range of occupation-wise wage rates of Men Contract Workers

Sr.

No.

Occupation Eastern Zone

Sea-Ports Shipyards

Major Non-Major Major Non-Major

No.of

Workers

Wage Rate/day No.of

Workers

Wage Rate/day No.of

Workers

Wage Rate/day

No.of

Workers

Wage Rate/day

Mini Max Mini Max Mini Max Mini Max

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)

1 Driver (truck, lorry, tractor)

12 346.0 350.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0

2 Fitter 0 0.0 0.0 0 0.0 0.0 16 254.8 254.8 0 0.0 0.0

3 Gas Cutter 0 0.0 0.0 0 0.0 0.0 10 210.0 210.0 0 0.0 0.0

4 Helper 88 269.0 275.0 0 0.0 0.0 44 188.0 188.0 0 0.0 0.0


6 435.3 435.3 0 0.0 0.0 4 237.0 237.0 0 0.0 0.0

6 Welder 0 0.0 0.0 0 0.0 0.0 22 251.4 251.4 0 0.0 0.0

7 Manager 0 0.0 0.0 0 0.0 0.0 4 262.3 262.3 0 0.0 0.0

44

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)

8 Skilled 47 323.0 323.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0

9 Un skilled 91 291.0 291.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0

10 Marker 0 0.0 0.0 0 0.0 0.0 6 410.7 410.7 0 0.0 0.0

11 Others 26 377.8 379.8 0 0.0 0.0 9 187.5 187.5 0 0.0 0.0

Western Zone

12 Carpainter 2 396.0 396.0 5 368.0 467.0 0 0.0 0.0 0 0.0 0.0

13 Cleaner 12 250.0 250.0 68 0.0 0.0 0 0.0 0.0 0 0.0 0.0


289 505.0 525.0 172 251.8 350.5 0 0.0 0.0 0 0.0 0.0

15 Electrician 2 290.0 300.0 30 425.0 730.0 8 300.0 350.0 0 0.0 0.0

16 Fitter 2 396.0 396.0 82 323.6 366.9 20 364.0 400.0 20 292.6 323.9

17 Foremen 12 350.0 600.0 0 0.0 0.0 0 0.0 0.0 6 260.0 350.0

18 Gas Cutter 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0 4 282.5 325.0

19 General Mazdoor/ labour 67 308.7 342.0 200 235.0 290.0 0 0.0 0.0 0 0.0 0.0

20 Helper 80 255.1 372.3 102 271.5 278.0 39 262.9 280.0 40 233.1 244.4

21 Machine operator 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0 2 215.0 215.0

22 Mason 13 468.0 498.0 60 230.0 270.0 0 0.0 0.0 0 0.0 0.0

23 Mechanic/ Technician 0 0.0 0.0 18 425.0 730.0 4 300.0 350.0 1 270.0 270.0

45

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)

24 Painter 0 0.0 0.0 8 219.0 219.0 2 300.0 350.0 8 295.0 362.5

25 Pump operator 2 600.0 600.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0

26 Security gaurd 1 0.0 300.0 118 345.5 353.0 0 0.0 0.0 0 0.0 0.0


51 412.3 568.0 29 320.8 384.0 14 551.4 588.6 15 316.4 371.4

28 Sweeper 5 310.0 340.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0

29 Welder 10 350.0 400.0 64 297.8 320.3 20 349.0 380.0 31 282.3 324.0

30 Cook 3 335.0 339.0 9 330.0 345.0 0 0.0 0.0 0 0.0 0.0

31 Manager 1 450.0 450.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0

32 General Worker 0 0.0 0.0 62 220.0 400.0 4 350.0 350.0 0 0.0 0.0

33 Master 0 0.0 0.0 5 300.0 340.0 1 250.0 300.0 0 0.0 0.0

34 Marker 0 0.0 0.0 0 0.0 0.0 2 920.0 920.0 0 0.0 0.0

35 Surveyor 0 0.0 0.0 36 270.0 405.0 0 0.0 0.0 0 0.0 0.0

36 Others 64 1023.3 1080.0 330 330.8 377.9 54 301.8 328.2 10 268.0 288.0

Southern Zone

37 Carpenter 0 0.0 0.0 17 350.0 350.0 0 0.0 0.0 0 0.0 0.0

38 Cleaner 2 257.0 257.0 4 255.0 255.0 0 0.0 0.0 0 0.0 0.0

46

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)


9 410.8 435.8 9 339.7 339.7 0 0.0 0.0 0 0.0 0.0

40 Electrician 26 299.6 319.6 25 313.3 313.3 0 0.0 0.0 0 0.0 0.0

41 Fitter 22 407.7 407.7 21 350.0 350.0 13 330.0 380.0 0 0.0 0.0

42 Foremen 2 167.0 167.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0

43 Gas Cutter 0 0.0 0.0 1 400.0 450.0 0 0.0 0.0 0 0.0 0.0

44 General Mazdoor/ labour 6 300.0 400.0 19 400.0 600.0 9 330.0 380.0 0 0.0 0.0

45 Helper 19 318.0 318.0 74 280.0 280.0 185 355.7 378.0 0 0.0 0.0

46 Loader/ unloaded 0 0.0 0.0 83 400.0 800.0 0 0.0 0.0 0 0.0 0.0

47 Mason 1 577.0 577.0 19 400.0 400.0 0 0.0 0.0 0 0.0 0.0

48 Mechanic/ Technician 24 459.0 459.0 2 310.0 310.0 0 0.0 0.0 0 0.0 0.0

49 Painter 0 0.0 0.0 3 450.0 500.0 0 0.0 0.0 0 0.0 0.0

50 Plumber 2 220.0 220.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0

51 Pump operator 2 117.0 117.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0

52 Security gaurd 3 336.0 336.0 353 271.0 282.0 0 0.0 0.0 0 0.0 0.0

47

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)


21 444.0 444.0 48 484.9 484.9 6 330.0 380.0 0 0.0 0.0

54 Sweeper 29 250.7 250.7 43 256.5 256.5 0 0.0 0.0 0 0.0 0.0

55 Welder 7 265.0 265.0 5 340.0 365.0 14 330.0 380.0 0 0.0 0.0

56 Cook 3 550.3 550.3 6 343.3 343.3 0 0.0 0.0 0 0.0 0.0

57 Manager 1 1800.0 1800.0 1 961.0 961.0 0 0.0 0.0 0 0.0 0.0

58 General Worker 20 400.0 400.0 5 255.0 255.0 0 0.0 0.0 0 0.0 0.0

59 Master 11 1955.6 1974.6 4 2332.5 2332.5 0 0.0 0.0 0 0.0 0.0

60 Skilled 15 347.0 347.0 14 321.0 321.0 0 0.0 0.0 0 0.0 0.0

61 Un skilled 27 260.0 260.0 33 222.0 222.0 0 0.0 0.0 0 0.0 0.0

62 Engineer 10 1342.2 1342.2 2 1830.0 1830.0 0 0.0 0.0 0 0.0 0.0

63 Marker 2 0.0 0.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0

64 Accountant 1 1000.0 1000.0 1 1807.0 1807.0 0 0.0 0.0 0 0.0 0.0

65 Engine watch 2 656.5 656.5 2 608.5 608.5 0 0.0 0.0 0 0.0 0.0

66 Safety Inspector 0 0.0 0.0 6 297.0 297.0 0 0.0 0.0 0 0.0 0.0

67 Others 78 1249.3 1253.3 91 714.2 715.1 7 330.0 380.0 0 0.0 0.0

48

Table 3.3 (W): Range of occupation-wise wage rates of Women contract workers

Sr.

No.

Occupation Eastern Zone

Sea-Ports Shipyards

Major Non-Major Major Non-Major

No.of

Workers

Wage Rate/day No.of

Workers

Wage Rate/day No.of

Workers

Wage Rate/day No.of

Workers

Wage Rate/day

Mini Max Mini Max Mini Max Mini Max

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)

1 Un skilled 20 291.00 291.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00

2 Others 7 332.00 332.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00

Western Zone

3 Cleaner 5 250.00 250.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00

4 General Mazdoor/ labour

11 276.00 276.00 2 200.00 250.00 0 0.00 0.00 0 0.00 0.00

5 Helper 3 294.00 294.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00

6 Security gaurd 0 0.00 0.00 3 436.00 436.00 0 0.00 0.00 0 0.00 0.00


0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 1 230.00 230.00

49

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)

8 Sweeper 3 310.00 340.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00

9 Cook 1 370.00 370.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00

10 Manager 1 500.00 500.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00

11 Others 1 294.00 294.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00

Southern Zone

12 Cleaner 0 0.00 0.00 1 130.00 130.00 0 0.00 0.00 0 0.00 0.00

13 Helper 0 0.00 0.00 6 250.00 250.00 1 424.00 424.00 0 0.00 0.00

14 Sweeper 78 231.50 231.50 12 139.00 254.00 0 0.00 0.00 0 0.00 0.00

15 Executive 0 0.00 0.00 1 418.00 418.00 0 0.00 0.00 0 0.00 0.00

16 Others 1 315.00 315.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00

50

Table 3.4:Distribution of contractors paying and workers paid dearness allowance

Sr.

No.

Zone Total no. of contractors covered

Total no. of contractors paying D.A.. as a separate

component Total no. of contract workers

No. of contract workers paid D.A.



(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)

1 Eastern Zone

5

(11.6) 0

4

(25) 0 0 0 0 0

295

(21.4) 0

115

(22.2) 0 0 0 0 0

2 Western Zone

14

(32.6)

18

(56.2)

8

(50)

10

(100)

6

(66.7)

3

(75) 0 0

651

(47.2)

1423

(63.9)

168

(32.4)

137

(100)

200

(91.3)

148

(82.2) 0 0

3 Southern Zone

24

(55.8)

14

(43.8)

4

(25) 0

3

(33.3)

1

(25) 8 0

433

(31.4)

803

(36.1)

235

(45.4) 0

19

(8.7)

32

(17.8)

181

(100) 0

All India 43 32 16 10 9

(21.4)

4

(12.5)

8

(50.0) 0 1379 2226 518 137 219 180 181 0

51

Table 3.5 (a):Distribution of contractors getting work done on overtime basis and rate of overtime payment in Major Sea-Ports/Shipyards

Sr.

No.

Zone Total No. of Contractors

Covered

Sea-Ports Shipyards

No. of contractors

getting work on overtime

Rate of Overtime Payment No. of contractors


Rate of Overtime Payment

Sea-Ports

Shipyards Ordinary

Wage Double Wage

Other

Fixed ( Rs. Per

hour)

Ordinary Wage

Double Wage

Other

Fixed ( Rs. Per

hour)

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)

1 Eastern Zone

5 4 2 2 0 0 0 1 0 1 0 0

2 Western Zone

14 8 4 0 4 0 0 8 0 8 0 0

3. Southern Zone

24 4 6 2 3 1 0 2 1 1 0 0

All India 43 16

12

(12.9)

4

(33.3)

7

(58.3)

1

(8.3) 0

11

(68.8)

1

(9.1)

10

(99.9) 0 0

52

Table 3.5 (b):Distribution of contractors getting work done on overtime basis and rate of overtime payment in Non-major Sea-Ports/Shipyards

Sr.

No.

Zone Total No. of Contractors

Covered

Sea-Ports Shipyards

No. of contractors


Rate of Overtime Payment No. of contractors


Rate of Overtime Payment

Sea-Ports

Shipyards Ordinary

Wage Double Wage

Other

Fixed ( Rs. Per

hour)

Ordinary Wage

Double Wage

Other

Fixed ( Rs. Per

hour)

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)

1 Eastern Zone

0 0 0 0 0 0 0 0 0 0 0 0

2 Western Zone

18 10 9 1 8 0 0 0 0 0 0 0

3. Southern Zone

14 0 2 1 1 0 0 0 0 0 0 0

All India 32 10

11

(34.3)

2

(18.2)

9

(81.8) 0 0 0 0 0 0 0

53

Table 3.6 (a):Distribution of contractors paying different type of cash allowance to contract labour in Major and Non-major Sea-Ports

Sr.No. Zone Total No. of Contractors

Covered

% of Contractors giving Cash Allowance in Major Sea-Ports

% of Contractors giving Cash Allowance in Non-Major Sea-Ports

HRA Convance Allowance

Medical Allowance

Washing Allowance HRA

Convance Allowance

Medical Allowance Major N.M

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)

1 Eastern

Zone

5 0 0 1 4 0 0 0 0

2 Western

Zone

14 18 5 1 0 0 3 0 0

3 Southern

Zone

24 14 2 7 2 1 1 4 2

All-India 43 32

7

(16.13)

9

(20.19)

6

(14.00)

1

(2.3)

4

(12.5)

4

(12.5)

2

(6.3)

Note: N.M.refer to Non-Major

54

Table 3.6 (b):Distribution of contractors paying different type of cash allowance to contract labour in Major and Non-Major Shipyards

Sr.No. Zone Total No. of Contractors Covered % of Contractors giving Cash Allowance in Major Shipyards

% of Contractors giving

Cash Allowance in Non-Major Shipyards

Medical Allowance

Washing Allowance

HRA Medical

Allowance Major N.M

(1) (2) (3) (4) (5) (6) (7) (8)

1 Eastern Zone 4 0 4 0 0 0

2 Western Zone

8 10 0 0 3 1

3 Southern Zone

4 0 0 2 0 0

All-India 16 10

4

(25.00)

2

(12.5)

3(

30.00)

1

(10.00)

Note: N.M. refer to Non-Major

55

Table 3.7 (a):Percentage distribution of contractors giving benefits in kind to their workers in Major Sea-Ports and Shipyards

Sr. No. Zone

Sea-Ports Shipyards Total No. of Contractors Covered

No. of Contractors/Principal Employer giving benefits in Kind

Percentage of contractors who paid Benefits in Kind in the form of




Principal Employer Contractor Both Uniform Food Tea/Coffee

or Snacks Others Principal Employer Contractor Both Uniform Food Tea/Coffee

or Snacks Others

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 12 (13) (14) (15) (16) (17) (18)

1 Eastern Zone 5 2 0 2 40.0 0.00 40.0 0.0 4 2 0 1 50.0 0.0 25.0 0.0

2 Western Zone 14 9 3 9 64.3 21.4 64.3 0.0 8 8 0 8 100.0 0.0 100.0 0.0

3. Southern Zone

24 12 7 14 50.0 29.2 58.3 0.0 4 3 2 3 75.0 50.0 75.0 0.0

All-India 43 23 10 25 53.5 23.3 58.1 0.0 16 13 2 12 81.2 12.5 75.0 0.0

Table 3.7 (b):Percentage distribution of contractors giving benefits in kind to their workers in Non-major Sea-Ports and Shipyards

Sr. No. Zone







Principal Employer Contractor Both Uniform Food Tea/Coffee

or Snacks Others Principal Employer Contractor Both Uniform Food Tea/Coffee

or Snacks Others

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 12 (13) (14) (15) (16) (17) (18)

1 Eastern Zone - - - - - - - - - - - - - - - -

2 Western Zone 18 12 6 15 66.7 33.3 83.3 0.0 10 10 0 2 100 0.0 20.0 0.0

3. Southern Zone

14 7 2 10 50.0 14.3 71.4 0.0 0 0 0 0 0.0 0.0 0.0 0.0

All-India 32 19 8 25 59.4 25.0 78.1 0.0 10 10 2 100 0.0 20.0 0.0

56

Table 3.8 (a): Distribution of contractors paying bonus/ex-gratia, workers paid and range of payment in Major Sea-Ports and Shipyards

Sr.No. Zone Sea-Ports Shipyards

Total No. of Contractors

covered

No. of contractors Paying to workers

Total workers

employed by

contractor covered

Total workers who are

paid Annual

/ Festival Bonus

Amount of Payment


covered


Total workers

employed by

contractor covered


paid Annual

/ Festival Bonus

Amount of Payment

Annual Bonus

Festival Bonus

Annual Bonus (Rs.)

Festival Bonus (Rs.)

Annual Bonus

Festival Bonus

Annual Bonus (Rs.)


(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16)

1 Eastern Zone

5 0 0 295 0 0.00 0.00 4 1 0 115 3 4396.00 0.00

2 Western Zone

14 6 0 651 443 12048.33 0.00 8 8 0 168 168 18322.50 0.00

3 Southern Zone

24 3 0 433 29 7833.33 0.00 4 1 0 235 54 9000.00 0.00

All India 43 9 0 1379 472 10643.33 0.00 16 10 0 518 225 15997.60 0.00

57

Table 3.8 (b): Distribution of contractors paying bonus/ex-gratia, workers paid and range of payment in Non-Major Sea-Ports and shipyards

Sr.No. Zone Sea-Ports Shipyards


covered


Total workers

employed by

contractor covered


paid Annual

/ Festival Bonus

Amount of Payment Total No. of Contractors

covered


Total workers

employed by

contractor covered


paid Annual

/ Festival Bonus

Amount of Payment

Annual Bonus

Festival Bonus

Annual Bonus (Rs.)


Annual Bonus

Festival Bonus

Annual Bonus (Rs.)


(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16)

1 Eastern

Zone

0 0 0 0 0 0.00 0.00 0 0 0 0 0 0.00 0.00

2 Western

Zone

18 9 0 1423 476 14799.44 0.00 10 4 0 137 51 13450.00 0.00

3 Southern

Zone

14 0 1 803 10 0.00 22000.00 0 0 0 0 0 0.00 0.00

All India 32 9 1 2226 486 14799.44 22000.00 10 4 0 137 51 13450.00 0.00

58

Table 3.9 (a)Distribution of contractors giving advances to contract workers in Major Sea-Ports and Shipyards

Sr .No

Zone Zone


No. of Contractors giving Advance

Total workers employed by contractors covered

Total workers who are given Advances

Range of Total No. of Contractors Covered




Range of

Advances given (Rs.)

Rate of interest (Rs.)

Instalments for recovery of Advance




(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16)

1 Eastern Zone

5 1 295 1 6000 0.00 1 4 0 115 0 0 0.00 0

2 Western Zone

14 3 651 7 40000 0.00 8 8 1 168 2 50000 0.00 18

3 Southern Zone

24 12 433 52 254000 0.00 10 4 1 235 104 194000 0.00 10

All India 43 16 1379 60 300000 0.00 9 16 2 518 106 244000 0.00 14

Table 3.9 (b): Distribution of contractors giving advances to contract workers in Non-Major Sea-Ports and Shipyards

Sr .No

Zone Zone





Range of Total No. of Contractors Covered




Range of







(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16)

1 Eastern Zone

0 0 0 0 0 0.00 0 0 0 0 0 0 0.00 0

2 Western Zone

18 4 1423 36 215000 0.00 17 10 8 137 16 65000 0.00 10

3 Southern Zone

14 1 803 12 60000 0.00 20 0 0 0 0 0 0.00 0

All India 32 5 2226 48 275000 0.00 18 10 8 137 16 65000 0.00 10

59

CHAPTER – 4

WORKING CONDITIONS, WELFARE FACILITIES, SOCIAL SECURITY AND INDUSTRIAL RELATIONS

4.1 Hours of Work, Rest Interval and Spread Over

The working hours of contract workers are regulated through the provisions of the Factories Act, 1948, Plantation Labour Act, 1951 and Mines Act, 1952, as the case may be. The Factories Act, 1948 provides that normally an adult worker shall not be allowed to work for more than 9 hours in a day and 48 hours in a week. As regards rest interval, the Act stipulates that no worker shall work for more than 5 hours before rest interval of at least half an hour. 4.1.1 Working Hours and Rest Interval in Major Sea-Ports Table 4.1(a) present the working hours observed and rest interval allowed to contract workers in major Sea-Ports. It is observed that out of 43 total number of contractors covered, working of 8 hours per day i.e., normal working hours was being observed by 19 contractors (44.2 per cent). The number of contractors taking work for more than 10 hours per day are observed to be only 2 in number (4.6 per cent). The 7 number of contractors (16.3 per cent) were taking work less than 8 hours and 15 Contractors (34.9 per cent) observed working hours of more than 8 hours to less than 10 hours per day.. On weekly basis, number of contractors taking work for 48 hours are 18 (41.9 per cent), 10 contractors (23.2 per cent) were taking work for more than 48 hours. Total 31 contractors (72.1 per cent) were allowing 1 hour rest interval at all India level. In the Western zone, all of 14 contractors covered were taking work for more than 8 hours but less than 10 hours per day. In the eastern zone, 4 out of 5 contractors were taking work for 8 hours per day. On weekly basis, all the contractors in Eastern zone were taking work for less than 48 hours. 4.1.2 Working Hours and Rest Interval in Non-Major Sea-Ports A perusal of data presented in Table 4.1(b), revealed that at all-India level, 13 number of contractors (40.6) were engaging contract workers for normal working hours i.e., 8 hours per day. The 18 number of contractors (56.3 per cent) were taking

60

work for more than 8 hours but less than 10 hours per day. On weekly basis, 12 contractors each (37.5 per cent) were taking work for less than 48 hours and for 48 hours. It is also observed that 15 contractors out of 32 contractors (46.9 per cent) allowed rest interval for 1/2 hour per day and 14 contractors (43.7 per cent) allowed one hour rest interval. At zonal level it is observed that in Western Zone, most of the contractors (14 out of 18) were taking work for more than 8 but less than 10 hours per day. In Southern zone 10 contractors out of 14 (71.4 per cent) were taking work for normal hours i.e. 8 hours per day. 4.1.3 Working Hours and Rest Interval in Major Shipyards Table 4.1 (c) presents the working hours and rest interval allowed to contract workers in major shipyards. At All India level, it was observed that out of 16 total numbers of contractors covered, working of 8 hours per day was being observed by only 2 contractors (12.5 per cent) and most contractors (87.5 per cent) observed 8 to less than 10 hours working per day. However, no contractor takes work for more than 10 hours per day. On weekly basis, 11 numbers of contractors (68.8 per cent) were taking work for 48 hours in a week and 5 number of contractors (31.2 per cent) were taking work for more than 48 hours. In the Eastern and Western Zone, 100 per cent contractors were found to be taking work for more than 8 hours but less than 10 hours. Further, no contractor was taking work for more than 10 hours per day and less than 8 hours per day. 4.1.4 Working Hours and Rest Interval in Non-Major Shipyards Table 4.1(d) reveals the working hours and rest interval allowed to contract workers in non-major shipyards. As far as non-major shipyards are concerned, only 10 contractors are covered at all India level, all of which belong, to the western zone. All these 10 contractors were taking work for more than 8 hours but less than 10 hours per day. On weekly basis, all the 10 contractors covered were taking work for 48 hours per week from contract workers. As far as number of contractors allowing rest interval is concerned, out of 10 total number of contractors covered, 4 allowed ½ hour rest interval and the remaining 6 allowed 1 hour interval to the workers.

61

4.2 Night Shift Working 4.2.1 Additional facilities in Major Sea-Ports and Shipyards Table 4.2(a) reveals data on additional night shift working and facilities provided to contract labour working during night shift in major Sea-Ports and shipyards. It was found that none of the 16 contractors covered in shipyards (Major) was observing night shift working. In major Sea-Ports, 19 contractors out of total 43 contractors (44.2 per cent) covered observed night shift working. Out of these 19 contractors, 11 contractors (57.9 per cent) provided free/subsidized tea/coffee and 2 contractors (10.6 per cent) either allowed reduced hours of work or room for rest after night duty as additional facility to contract working in night shift. Remaining six contractors (31.5 per cent) reportedly provided no additional facility to their workers working in night shifts. Free/subsidized tea or coffee is provided by large number of contractors. 4.2.2 Additional facilities in non-Major Sea-Ports and Shipyards Table 4.2 (b) presents data on the number of contractors having night shift working in non-Major Sea-Ports and Shipyards. It may be observed that 17 contractors in non-major Sea-Ports were having night shift working. Among the contractors observing night shift working in non-major Sea-Ports at All India level, 11 contractors (64.7 per cent) provided additional facilities in the form of free tea / coffee to their night shift worker, one provided reduced hours of work and remaining five contractors (29.4 per cent) provided no additional facility. Similar to major shipyards, no contractor was observing night shift working in non-major shipyards as well. 4.3. Weekly off 4.3.1 Weekly Off in Major Sea-Ports and Shipyards Table 4.3(a) presents data on distribution of contractors allowing weekly off with/without wages in major Sea-Ports and shipyards. At all India level, 59 total contractors were covered in major Sea-Ports and Shipyards taken together, out of which 56 were providing weekly off to their workers with or without wages. Amongst the major Sea-Ports, 32 out of 43 total contractors were allowing weekly off with wages. 8 were allowing it without wages and 3 contractors were not allowing any weekly off. All contractors in major shipyards were allowing weekly off and most of them were allowing weekly off with wages.

62

4.3.2 Weekly Off in non-major Sea-Ports and Shipyards In non-major Sea-Ports and shipyards taken together, it can be observed from table 4.3 (b) that at All India level, 42 total contractors were covered, out of which 41 were providing weekly off with/without wages. Amongst non-major Sea-Ports, out of 32 contractors covered, 23 contractors (71.9 per cent) allowed weekly off with wages, 8 contractors (25.0 per cent) allowed it without wages and one did not allow weekly off. In non-major shipyards, out of 10 contractors covered, 5 (50.0 per cent) were allowing weekly off with wages and remaining 5 (50.0 per cent) allowed it without wage. More or less similar trends are observed at zonal level. 4.4 Leave and Holidays 4.4.1 Leave and Holidays in Major Sea-Ports Table 4.4(a) presents distribution of contractors allowing leave and holidays to contract labour in major Sea-Ports. At All India level out of 43 total number of contractor covered only 8 contractors (18.6 per cent) were allowing earned leave with wages. The average number of days allowed as earned leave are reported to be 10 per worker. At All India level, out of 43 total numbers of contractors covered only 14 contractors ( 32.5 per cent) were allowing on an average 11 days casual leave with wages , 7 contractors (16.2 per cent) allowed sick leave with wages to its workers with average of 12 days. Out of total 43 contractors covered, 38 contractors (88.3 per cent) allowed 4 National holidays with wages to its workers and 31 contractors (72.1 per cent) allowed on an average 4 Festival Holidays. At zonal level all 5 contractors covered in the eastern zone and 14 contractors covered in the western zone allowed National Holidays with wages to their workers for 5 and 2 days respectively. Whereas, in the southern zone, out of 24 total numbers of contractors covered, 19 (79.1 per cent) allowed National Holidays with wages to their workers for 5 days. 4.4.2 Leave and Holidays in Non-Major Sea-Ports Table 4.4(b) presents distribution of contractors allowing leave and holidays to contract labour in non-major Sea-Ports. At all India level a total of 32 contractors were covered out of which only 7 contractors (21.9 per cent) are allowing on average of 3 days earned leave with wages, 9 contractors (28.1 per cent) allowed casual leave with wages to its workers with average of 19 days, 26 contractors (81.2

63

per cent) allowed an average of 2 national holidays with wages and 25 contractors (78.1 per cent) allowed 5 Festival Holidays to their workers. All kinds of leave and holidays are provided by contractors with wages in non-major Sea-Ports. 4.4.3 Leave and Holidays in Major Shipyards Table 4.4 (c) presents distribution of contractors allowing leave and holidays to contract labour in major shipyards. At all India level, out of total 16 contractors, 7 contractors (43.7 per cent) allowed an average of 5 days earned leave with wages, 8 contractors (50.0 per cent) allowed 18 days casual leave with wages, 5 contractors (18.7 per cent) allowed 3 days sick leave with wages, 12 contractors (75.0 per cent) allowed 6 National Holidays with wages and 15 contractors (93.7 per cent) allowed 7 days Festival Holidays to workers, 12 contractors were allowing national holidays and 15 were allowing festival holidays with wages. Only 5 number of contractors have allowed sick leaves to workers engaged. All types of leave and holidays allowed are allowed with wages. In Eastern Zone, only festival holidays are allowed by contractors and all of them allowed on an average 8 festival holidays in a year. 4.4.4 Leave and Holidays in Non-Major Shipyards Table 4.4 (d) presents distribution of contractors allowing leave and holidays to contract labour in non major shipyards. At all India level, out of total 10 contractors covered, 4 (40.0 per cent) allowed earned leave, all contractors allowed national holidays and festival holidays with wages. Casual and sick leave is not allowed in any case. 4.5 Welfare Facilities The provisions contained in Contract Labour (Regulation & Abolition) Act, 1970 require every contractor / principal employer to provide adequate supply of drinking water, adequate and proper facilities for washing, latrines and urinals, canteen facilities, properly maintained first aid boxes etc. for the welfare of workers. Table 4.5 present data on these facilities. 4.5.1 Welfare Facilities in major Sea-Ports Table 4.5 (a) presents data on distribution of units by welfare amenities/facilities provided to contract labour at work site in major Sea-Ports. At

64

All-India level, 12 major Sea-Ports have been covered, from which 43 contractors have been interviewed to collect information pertaining to the facilities provided to contract labour. It can be seen from the table that in 18 cases (41.9 per cent) drinking water facility was provided exclusively by contractors, in three cases (7.0 per cent), it was provided exclusively by Principal Employers and in remaining 22 cases (51.2 per cent), it was provided by both. As regards facilities of urinals and latrines, in all cases except one case these were provided by both contractors and Principal Employers. In one case, the contractor was found to be providing latrines and urinal facility. Washing facility was provided by contractors alone in 2 cases, by Principal Employers alone in 3 cases and in 38 cases by both of them. 4.5.2 Welfare Facilities in non-major Sea-Ports Table 4.5 (b) presents data regarding distribution of units by welfare amenities/facilities provided to contract labour at work site in non-major Sea-Ports. It can be observed from the table that in 17 cases (53.1 per cent) drinking water facility was provided by contractors, in 9 cases (28.1 per cent) by Principal Employers and in 6 cases (18.8 per cent) by both of them. Urinal facility was provided in most of the cases (96.9 per cent) by both i.e. Principal Employer and contractors and in only one case (3.1 per cent), it was provided by contractors along. The washing facility is provided by contractors in 22 cases (68.7 per cent), by Principal Employer in 8 cases (25.0 per cent) and by both in remaining cases. In other words all the facilities are largely provided by contractors in non-major Sea-Ports, barring urinal facility (by 31 contractors and Principle employers both). 4.5.3 Welfare Facilities in major shipyards It has been observed that in major shipyards the welfare facilities of drinking water, urinals, latrines and washing facility have been provided to workers in most of cases ( ranging from about 94 per cent to 100.0 per cent) by both i.e., principle employer and contractors. 4.5.4 Welfare Facilities in non-major shipyards At All India level at total of 3 units and 10 contractors belonging to non-major shipyards have been covered, all of which belong to the western zone. It has been observed that except one case in which urinals and latrines have been provided by

65

Principal Employer alone, all welfare facilities/amenities have been provided by both i.e. Principal Employer and Contractors.

4.6 Housing Facility Shelter is one of the basic needs of human being .Worker who are unable to satisfy this basic need an unlikely to perform at the optimum level of productivity. 4.6.1 Housing Facility in major Sea-Ports. Table 4.6 (a) reveals that in major Sea-Ports a total of 1379 contract workers were engaged by the contractors covered and out of these only 31 workers were provided 6 pucca houses to stay therein free of rent. Housing accommodation to 25 workers was provided by contractors and to 6 workers by Principal Employer. Out of 6 houses, sanitation facility was available in only 2 houses. 4.6.2 Housing Facility in major Shipyards Table 4.6 (b) reveals that at all India level out of 518 contract workers employed in major Shipyards, 32 were provided with accommodation by the contractors and 151 were provided by principal employer. Total numbers of 171 houses were provided to contract workers out of which 119 pucca houses were provided and 52 semi pucca houses. Total numbers of 137 contract workers were provided rent free accommodation. The Contractor is found to be providing sanitation facilities in 120 houses and principal employer in 5 houses. In Western zone, all contract workers engaged by the contractors covered were provided accommodation as 151 were given accommodation by principal employer and 17 were provided accommodation by contractors. Out of 168 workers, 116 were provided pucca houses and 52 were provided semi pucca houses. Total 122 workers were provided rent free accommodation. In 117 house sanitation facility was provided by contractors and in 5 by principal employer. In Southern zone out of 235 contract workers, only 15 were given accommodation which was provided by the contractors. 4.6.3 Housing Facility in non-major Sea-Ports Collected data reveals that out of 2226 non major Sea-Ports contract workers employed by the contractor, not even a single contract worker was provided housing facility either by the contractor or by the principal employer.

66

4.6.4 Housing Facility in non-major shipyards Table 4.6(c) presents the data on housing facilities provided to the contract labour in non-major shipyards. As per collected data, at all India level, a total of 137 contract workers have been covered, all of which belong to the western zone. Out of 137, contract workers, 56 contract workers (40.9 per cent) have been provided living accommodation by the contractors. These 56 contract workers have been provided a total of 15 houses, of which only 1 is pucca and the remaining 14 are semi-pucca. All the 56 workers have been provided rent free accommodation and, the contractors are providing sanitation facility in all the 15 houses. 4.7 Maintenance of Records and Grievance Redressal Procedure 4.7.1 Maintenance of Records and Grievance Redressal Procedure in major Sea-Ports The Contract Labour (Regulation and Abolition) Act, 1970 and the rules framed there under provide for maintenance of registers of attendance, wages, fines, deductions, overtime and advances and for setting up of Grievance Redressal Mechanism. Table 4.7(a) reveals the distribution of contractors following grievance redressal procedure and maintaining records in major Sea-Ports. At all India level, 24 contractors i.e., 55.81 per cent have established grievance redressal procedure with on an average 12 days response time. In Eastern Zone, maximum number of contractors (i.e. 4 out of 5) have grievance redressal procedure with 30 days response time. Eighty six percent of contractors were observed to be maintaining muster roll cum attendance register and register of wages. The wage slip was found to be issued by 26 (60.05 per cent) contactors at All India level. In Western Zone, register of deduction and register of fines were not maintained by any contractor. 4.7.2 Maintenance of Records and Grievance Redressal Procedure in non-major Sea-Ports Table 4.7 (b) presents status of contractors following grievance redressal procedure and maintaining records in non-major Sea-Ports. At all India level, out of 32 total contractors covered, 19 (59.4 per cent) were having grievance redressal procedure with average time limit for redressal of grievances as 3 days. Further, 28 contractors (87.5 per cent) maintained registers of muster roll and wages and Wage slip was given by 20 number of contractors (62.5 per cent) and registers of deductions and fines are maintained by 9 contractors (28.1 per cent) each.

67

4.7.3 Maintenance of Records and Grievance Redressal Procedure in major shipyards Table 4.7 (c) reveals on grievance redressal procedure and maintaining records in major ship yards. At All India level, out of 16 total numbers of contractors covered, 10 (62.5 per cent)were having grievance redressal procedure and time limit for redressal of grievances is only one day. In Eastern Zone and Western Zone register of deductions, register of fines and register of advances were not maintained. No grievance redressal procedure is in place in Southern Zone. 4.7.4 Maintenance of Records and Grievance Redressal Procedure in non-major shipyards Table 4.7(d) reveals that in non-major shipyards, at all India level, 10 contractors have been covered, all of which belong to the western zone, and none of them has grievances redressal procedure in place. All of these 10 contractors are maintaining muster roll and wage register. Wage slip is issued by 8 contractors and only one contractor is maintaining register of fines and register of advances. 4.8 Trade Unions 4.8.1 Trade Unions Member ship of contract labour in major and

non-major Sea-Ports . It is revealed from Table 4.8 (a) that at all India level, a total of 1379 workers are employed by contractors covered in major Sea-Ports. Out of which 501 (36.3 per cent) are members of trade unions, out of which 427 workers are members of Trade Unions exclusively for contract workers. These 6 unions are Registered as well as recognized. Contractors covered from non-major Sea-Ports engaged 2226 workers, of which only 113 (5.1 per cent) are members of Trade Unions. Number of workers who were members of exclusive Trade Unions have been reported to be 73. 4.8.2 Trade Union Member ship of contract labour of trade unions in major and non-major Shipyards Table 4.8(b) shows distribution of contract labour by trade unions in major and non-major shipyards. At all India level, a total of 518 contract workers are employed by the contractors covered, of which 197 are members of trade unions. Most of these members, (181) are members of trade unions exclusively meant for

68

contract workers. As far as the data regarding number of trade unions is concerned, at all India level 4 trade unions are there, of which 2 are registered and recognized by the contractor or management. None of the contract worker covered in non-major Shipyards was found member of any trade union.

69

Table 4.1 (a): Working hours and rest interval allowed to contract workers in Major Sea-Ports

Sr. No. Zone


No. of contractors observing working Hours No. of Contractors allowing Rest Interval Daily Weekly

< 8 hrs. 8 hrs. 8 <10 hrs.

10< hrs.

< 48 hrs. 48 hrs. 48< hrs. 1/2 Hr. 1 Hr. 1 <Hr.

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)

1 Eastern Zone 5 1

(20.0)

4

(80.0)

0 0 5 (100.0) 0 0 0 5

(100.0) 0


(100.0) 0 8 (57.1)

6 (42.9) 0 4

(28.6) 10

(71.4) 0

3. Southern Zone

24 6 (25.0)

15 (62.5)

1 (4.2)

2 (8.3)

2 (0.08)

12 (50.0)

10 (41.7)

1 (4.2)

16 (66.7)

2 (8.3)

All-India 43 7

(16.3) 19

(44.2) 15

(34.9) 2

(4.6) 15

(34.9) 18

(41.9)

10 (23.2)

5 (11.6)

31 (72.1)

2 (4.7)

70

Table 4.1 (b):Working hours and rest interval allowed to contract workers in Non-Major Sea-Ports

Sr. No. Zone



< 8 hrs. 8 hrs. 8 <10 hrs.

10< hrs.

< 48 hrs.

48 hrs. 48< hrs. 1/2 Hr. 1 Hr. 1 <Hr.

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)

1 Eastern Zone - - - - - - - - - - -

2 Western Zone

18 0 3

(16.7) 14

(77.8) 1

(5.6) 12

(66.7) 3

(16.7) 3

(16.7) 10

(55.6) 5

(27.8) 3

(16.7)

3. Southern Zone

14 0 10

(71.4)

4 (28.6)

0 0 9

(64.3) 5

(35.7) 5

(35.7) 9

(64.3) 0

All-India 32 0 13

(40.6)

18 (56.2)

1 (3.2)

12 (37.5)

12 (37.5)

8 (25.0)

15 (46.9)

14 (43.7)

3 (9.4)

71

Table 4.1 (c): Working hours and rest interval allowed to contract workers in Major Shipyards

Sr. No. Zone



< 8 hrs. 8 hrs. 8 <10 hrs.

10< hrs.


(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)

1 Eastern Zone 4 0 0 4 0 0 4

(100.0) 0 2 (50.0)

2 (50.0) 0

2 Western Zone

8 0 0 8

(100.0) 0 0 6 (75.0)

2 (25.0)

2 (25.0)

6 (75.0) 0

3. Southern Zone

4 0 2 (50.0)

2 (50.0) 0 0 1 3

(75.0) 1

(25.0) 2

(50.0) 1

(25.0)

All-India 16 0 2 (12.5)

14 (87.5) 0 0 11

(68.7) 5

(31.2) 5

(31.2) 10

(62.5) 1

(6.3)

72

Table 4.1 (d): Working hours and rest interval allowed to contract workers in Non-Major Shipyards

Sr. No. Zone



< 8 hrs. 8 hrs. 8 <10 hrs.

10< hrs.


(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)

1 Eastern Zone 0 0 0 0 0 0 0 0 0 0 0


(100.0) 0 0 10 (100.0) 0 4

(40.0) 6

(60.0) 0

3. Southern Zone

0 0 0 0 0 0 0 0 0 0 0

All-India 10 0 0 10 (100.0) 0 0 10

(100.0) 0 4 (40.0)

6 (60.0) 0

73

Table 4.2 (a):Additional facilities provided to contract labour working during night – shift in Major Sea-Ports

Sr. No. Zone/State/U.T.


Sea-Ports No. of Contractors observing Night Shift

No. of contractors providing facilities to workers working during Night Shift Free/ Subsidized Tea/ Coffee

Reduced hours of work

Others No. Facility Sea-Ports Shipyards

(1) (2) (3) (4) (5) (6) (7) (8) (9) 1 Eastern Zone 5 4 1 0 0 0 1 2 Western Zone 14 8 6 3 0 0 3 3. Southern Zone 24 4 12 7 1 1 2 All-India

43 16 19

(44.2) 11

(57.9) 1

(5.3) 1

(5.3) 6

(31.5)

74

Table 4.2 (b): Additional facilities provided to contract labour working during night- shift in Non-Major Sea-Ports and Shipyards

Sr. No. Zone/State/U.T.


Sea-Ports No. of

Contractors observing

Night Shift

No. of contractors providing facilities to workers working during Night Shift

Free/ Subsidized Tea/ Coffee

Reduced hours of work No. Facility Sea-Ports Shipyards

(1) (2) (3) (4) (5) (6) (7) (9) 1 Eastern Zone - - - 0 0 0 2 Western Zone 18 10 12 9 0 3 3. Southern Zone 14 0 5 2 1 2 All-India

32 10 17

(53.1) 11

(64.7) 1

(5.9) 5

(29.4)

75

Table 4.3 (a):Distribution of contractors allowing weekly off with / without wages in Major Sea-Ports and Shipyards

Sr. No.

Zone Total No. of Contractors Covered

Sea-Ports Shipyards

Total No. of contractors Total No. of contractors

Sea-Ports Shipyards Allowing weekly off with wages

Allowing weekly off Without wages

Not Allowing weekly off

Allowing weekly off with wages



(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

1 Eastern Zone 5 4 5 0 0 4 0 0

2 Western Zone 14 8 11 3 0 6 2 0

3. Southern Zone 24 4 16 5 3 3 1 0

All-India

43

16 32

(74.4)

8

(18.6)

3

(7.0)

13

(81.2)

3

(18.8) 0

76

Table 4.3 (b): Distribution of contractors allowing weekly off with / without wages in Non- Major Sea-Ports and Shipyards)

Sr. No.

Zone Total No. of Contractors Covered

Sea-Ports Shipyards

Total No. of contractors Total No. of contractors

Sea-Ports Shipyards Allowing weekly off with wages



Allowing weekly off with wages



(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

1 Eastern Zone 0 0 0 0 0 0 0 0

2 Western Zone 18 10 13 4 1 5 5 0

3. Southern Zone 14 0 10 4 0 0 0 0

All-India

32

10 23

(71.9)

8

(25.0)

1

(3.1)

5

(50.0)

5

(50.0) 0

77

Table 4.4(a) Distribution of contractors allowing leave and holidays to contract labour in Major Sea-Ports

Sr.

No.

Zone Contractors Allowing Leave and Holidays


Covered

Earned leave Casual Leave Sick Leave National Holidays Festival Holidays

No. of days

allowed

No. of contractors allowing it

No. of days

allowed


No. of days

allowed


No. of days

allowed


No. of days

allowed

No. of

contractors allowing it

With Wage

Without Wage

With Wage

Without Wage

With Wage

Without Wage

With Wage

Without Wage

With Wage

Without Wage

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)

1 E.Z. 5 0 0 0 12 2

(40.0) 0 0 0 0 5

5

(100.0) 0 3

5

(100) 0

2 W.Z. 14 9 6

(42.8) 0 0 0 0 10

1

(7.1) 0 2

14

(100.0) 0 2

9

(64.2) 0

3 S.Z. 24 11 2

(8.3) 0 10

12

(50.0) 0 13

6

(25.0) 0 5

19

(79.1) 0 7

17

(70.8) 0

All-India 43 10 8

(18.6) 0 11

14

(32.5) 0 12

7

(16.2) 0 4

38

(88.3) 0 4

31

(72.1) 0

Note: i) E.Z. refers to Eastern Zone, W.Z. refers to Western Zone and S.Z. refers to Southern Zone

78

Table 4.4(b):Distribution of contractors allowing leave and holidays to contract labour in Non-Major Sea-Ports

Sr.

No.

Zone Contractors Allowing Leave and Holidays


Covered

Earned leave Casual Leave Sick Leave National Holidays Festival Holidays

No. of days

allowed No. of contractors

allowing it

No. of days

allowed


No. of days

allowed


No. of days

allowed


No. of days

allowed

No. of

contractors allowing it

With Wage

Without Wage

With Wage

Without Wage

With Wage

Without Wage

With Wage

Without Wage

With Wage

Without Wage

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)

1 E.Z. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

2 W.Z. 18 5 6

(33.3) 0 20

4

(22.2) 0 2

2

(11.1) 0 3

17

(94.4) 0 7

16

(88.9) 0

3 S.Z. 14 1 1

(7.1) 0 17

5

(35.7) 0 1

3

(21.4) 0 1

9

(64.3) 0 3

9

(64.3) 0

All-India 32 3 7 0 19 9 0 1.5 5 0 2 26 0 5 25 0


79

Table 4.4(c):Distribution of contractors allowing leave and holidays to contract labour in Major Shipyards

Sr. No.

Zone Contractors Allowing Leave and Holidays Total No. of Contractors Covered

Earned leave Casual Leave Sick Leave National Holidays Festival Holidays No. of days allowed


No. of days allowed


No. of days allowed


No. of days allowed


No. of days allowed


With Wage

Without Wage

With Wage

Without Wage

With Wage

Without Wage

With Wage

Without Wage

With Wage

Without Wage

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)

1 E.Z. 4 0 0 0 0 0 0 0 0 0 0 0 8 4 (100.0) 0

2 W.Z. 8 5 6 (75.0) 0 20 4

(50.0) 0 2 2 (25.0) 0 5 8

(100.0) 0 7 7 (87.5) 0

3 S.Z. 4 0 1 (25.0) 0 17 4

(100.0) 0 4 3 (75.0) 0 7 4

(100.0) 0 6 4 (100.0) 0

All-India 16 5 7 (43.7) 0 18.0 8

(50.0) 0 3 5 (18.7) 0 6 12

(75.0) 0 7 15 (93.7) 0


80

Table 4.4(d): Distribution of contractors allowing leave and holidays to contract labour in Non-Major Shipyards Sr. No.

Zone Contractors Allowing Leave and Holidays Total No. of Contractors Covered

Earned leave Casual Leave Sick Leave National Holidays Festival Holidays No. of days allowed


No. of days allowed


No. of days allowed


No. of days allowed


No. of days allowed


With Wage

Without Wage

With Wage

Without Wage

With Wage

Without Wage

With Wage

Without Wage

With Wage

Without Wage

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) 1 E.Z. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

2 W.Z. 10 6 4 (40.0) 0 0 0 0 0 0 0 5 10

(100.0) 0 10 10 (100.0) 0

3 S.Z. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

All-India 10 6 4 (40.0) 0 0 0 0 0 0 0 5 10

(100.0) 10 10 (100.0) 0


81

Table 4.5 (a): Distribution of units by welfare amenities / facilities provided to contract labour at work site in Major Sea-Ports Sr. No.

Zone Total No. of contractors covered

Drinking Water provided by Urinals are provided by latrines are provided by Washing Facility

Contractor Principal Employer Both Contractor Principal

Employer Both Contractor Principal Employer Both Contractor Principal

Employer Both

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) 1 E.Z. 5 2 3 0 0 0 5 0 0 5 0 2 3 2 W.Z. 14 14 0 0 0 0 14 0 0 14 0 1 13 3. S.Z. 24 2 0 22 1 0 23 1 0 23 2 0 22 All-India 43 18

(41.9) 3 (7.0)

22 (51.1)

1 (2.3)

0 -

42 (97.7)

1 (2.3)

0 -

42 (97.7)

2 (4.6)

3 (7.0)

38 (88.4)


Table 4.5 (b): Distribution of contractor covered by units with welfare amenities / facilities provided to contract labour at work site in Non-Major Sea-Ports Sr. No.





Employer Both

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) 1 E.Z. 0 0 0 0 0 0 0 0 0 0 0 0 0

2 W.Z. 18 16

2

0 0 0 18

16

2 0 16 2 0

3. S.Z. 14 1

7 6 1 0 13

1 0 13

6

6 2

All-India 32 17 (53.1)

9 (28.1)

6 (18.8)

1 (3.1)

0 -

31 (96.9)

17 (53.1)

2 (6.3)

13 (40.6)

22 (68.7)

8 (25.0)

2 (6.3)


82

Table 4.5 (c): Distribution of units by welfare amenities / facilities provided to contract labour at work site in Major Shipyards Sr. No.





Employer Both

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15)

1 E.Z. 4 1 0 3 0 0 4 2 0 2 0 1 3

2 W.Z. 8 0 0 8 0 0 8 0 0 8 0 0 8

3. S.Z. 4 0 0 0 0 0 4 0 0 4 0 0 3

All-India 16 1 0 11 0 0 16 2 0 14 0 1 14 Note: i) E.Z. refers to Eastern Zone, W.Z. refers to Western Zone and S.Z. refers to Southern Zone

Table 4.5 (d):Distribution of units by welfare amenities / facilities provided to contract labour at work site in Non-Major shipyards Sr. No.





Employer Both

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) 1 E.Z. 0 0 0 0 0 0 0 0 0 0 0 0 0

2 W.Z. 10 0 0 10 0 1 9 0 1 9 0 0 10

3. S.Z. 0 0 0 0 0 0 0 0 0 0 0 0 0

All-India 10 0 0 10 0 1 9 0 1 9 0 0 10


83

Table 4.6(a):Housing facilities provided to contract labour in Major Sea-Ports

Sr. No.

Zone Total No. of Contract workers employed by the contractors Covered

No. of contract workers provided living accommodation by

No. of Houses provided to contract workers

No. of houses provided by House Type

No. of workers provided rent free accommodation

No. of Houses having sanitation facility provided by

Contractor Principal Employer Pucca Semi

Pucca Kutcha Thatched Contractor Principal Employer

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (13) (14)

1 Eastern Zone 295 0 0 0 0 0 0 0 0 0 0


5 0 0 0 24 0 1

3. Southern Zone

433 7 0 1 1 0 0 0 7 1 0

All-India 1379 25 (1.8)

6 (0.4) 6 6 0 0 0 31

(2.2) 1 1

84

Table 4.6(b):Housing facilities provided to contract labour in Major Shipyards

Sr. No.






Range of Rent Charged per house per Month


Contractor Principal Employer

Pucca Semi Pucca

Kutcha Thatched Contractor Principal Employer

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)

1 Eastern Zone

115 0 0 0 0 0 0 0 0 0 0 0

2 Western Zone

168 17 151 168 116 52 0 0 122 0 117 5

3.

Southern Zone

235 15 0 3 3 0 0 0 15 0 3 0

All-India 518

32

(6.2)

151

(29.1) 171 119 52 0 0

137

(26.4) 0 120 5

85

Table 4.6(c):Housing Facilities Provided To Contract Labour In Non-Major Shipyards

Sr. No.







Contractor Principal Employer

Pucca Semi Pucca

Kutcha Thatched Contractor Principal Employer

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (13) (14)

1 Eastern Zone

0 0 0 0 0 0 0 0 0 0 0

2 Western Zone

137 56 0 15 1 14 0 0 56 15 0

3.

Southern Zone

0 0 0 0 0 0 0 0 0 0 0

All-India 137 56 0 15 1 14 0 0 56 15 0

86

Table 4.7 (a): Distribution of contractors following grievance redressal procedure and maintaining records in Major Sea-Ports

Sr. No.

Zone


Contractors Maintaining

Having Grievance redressal procedure

Time limit for redressing of Grievance (in days)

Muster Roll / Attendance Register

Register of Wages

Combined Register of Wages-cum- Muster Roll

Register of Deductions

Register of Fine

Register of Advances

Register of Overtime

Wage Slip

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)

1 Eastern Zone

5 4

(80.0) 30

3

(60.0)

3

(60.0) 0

1

(20.0)

2

(40.0)

2

(40.0)

1

(20.0)

3

(60.0)

2 Western Zone

14 6

(42.9)

1

14

(100.0)

14

(100.0) 0 0 0

1

(7.1)

3

(21.4)

12

(85.7)

3.

Southern Zone

24 14

(58.3)

5

20

(83.3)

20

(83.3)

5

(20.83)

6

(25.0)

6

(25.0)

9

(37.5)

7

(29.2)

11

(45.8)

All-India 43

24

(55.8) 12

37

(86.0)

37

(86.0)

5

(11.62)

7

(16.3)

8

(18.6)

12

(27.9)

11

(25.6)

26

(60.5)

87

Table 4.7 (b): Distribution of contractors following grievance redressal procedure and maintaining records in Non-Major Sea-Ports

Sr. No.

Zone






Register of Wages



Register of Fine



Wage Slip

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)

1 Eastern Zone

0 0 0 0 0 0 0 0 0 0 0

2 Western Zone

18 12

(66.7)

2

18

(100.0)

18

(100.0) 0

2

(11.1)

2

(11.1)

5

(27.8)

8

(44.4)

15

(83.3)

3.

Southern Zone

14 7

(50.0)

4

10

(71.4)

10

(71.4)

5

(35.71)

7

(50.0)

7

(50.0)

8

(57.1)

4

(28.6)

5

(35.7)

All-India 32

19

(59.4) 3

28

(87.5)

28

(87.5)

5

(15.62)

9

(28.1)

9

(28.1)

13

(40.6)

12

(37.5)

20

(62.5)

88

Table 4.7 (c): Distribution of contractors following grievance redressal procedure and maintaining records in Major Shipyards

Sr. No. Zone






Register of Wages



Register of Fine



Wage Slip

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)

1 Eastern Zone

4 2

(50.0) 0

3

(75.0)

2

(50.0) 0 0 0 0

1

(25) 0

2 Western Zone

8 8

(100.0)

1

8

(100.0)

8

(100.0) 0 0 0

2

(25.0)

6

(75.0)

7

(87.5)

3. Southern Zone

4 0 0 3

(75.0)

3

(75.0) 0

2

(50.0)

2

(50.0)

3

(75.0)

2

(50.0)

1

(25.0)

All-India 16

10

(62.5)

1

14

(87.5)

13

(81.2) 0

2

(12.5)

2

(12.5)

5

(31.2)

9

(56.2)

8

(50.0)

89

Table 4.7 (d): Distribution of contractors following grievance redressal procedure and maintaining records in Non-Major shipyards

Sr. No. Zone


Covered



Time limit for

redressing of

Grievance (in days)

Muster Roll /

Attendance Register

Register of

Wages

Combined Register

of Wages-cum-

Muster Roll


Register of Fine

Register of

Advances

Register of

Overtime

Wage Slip

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)

1 Eastern Zone

0 0 0 0 0 0 0 0 0 0 0

2 Western Zone

10 0 0 10

(100.0)

10

(100.0) 0 0

1

(10.0)

1

(10.0) 0

8

(80.0)

3. Southern Zone

0 0 0 0 0 0 0 0 0 0 0

All-India 10 0 0

10

(100.0)

10

(100.0) 0 0

1

(10.0)

1

(10.0) 0

8

(80.0)

90

Table 4.8 (a): Distribution of contract labour by trade unions in Major & Non-Major Sea-Ports

Sr. No. Zone

Total No. of Contract workers Covered

Total No . of Contract workers employed by contractors covered No. of Trade Unions No. of Contract Workers who were member

of

Who were members of Trade Unions

Who were members of Trade Unions exclusively

for Contract workers Total No. of Unions Registered

Recognised by Contractor / Management

Registered Trade Unions

Recognised Trade Unions

Major N.M. Major N.M. Major N.M. Major N.M. Major N.M. Major N.M. Major N.M. Major N.M. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)

1 E. Z. 295 0 30 0 0 0 0 0 0 0 0 0 0 0 0 0

2 W. Z. 651 1423 399 85 399 73 8 4 4 2 4 2 399 73 399 73

3 S.Z. 433 803 72 28 28 0 4 0 2 0 2 0 28 0 28 0

All India 1379 2226

501

(36.3)

113

(5.1)

427

(31.0)

73

(3.3) 12 4 6 2 6 2

427

(31.0)

73

(3.3)

427

(31.0)

73

(3.3)

Note: i) N.M. refers to Non-Major;ii) E.Z. refers to Eastern Zone, W.Z. refers to Western Zone and S.Z. refers to Southern Zone

91

Table 4.8 (b): Distribution of contract labour by trade unions in Major & Non-Major Shipyards

Sr. No. Zone

Total No. of Contract workers Covered

Total No . of Contract workers employed by contractors covered No. of Trade Unions No. of Contract Workers who were

member of

Who were members of Trade Unions

Who were members of Trade Unions exclusively for Contract workers

Total No. of Unions Registered Recognised by Contractor / Management

Registered Trade Unions

Recognised Trade Unions

Major N.M. Major N.M. Major N.M. Major N.M. Major N.M. Major N.M. Major N.M. Major N.M. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)

1 E. Z.

115 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0

2 W. Z.

168 137 8 0 0 0 0 0 0 0 0 0 0 0 0 0

3 S.Z. 235 0 181 0 181 0 4 0 2 0 2 0 181 0 181 0

All India 518 137 197 0 181 0 4 0 2 0 2 0 181 0 181 0

Note: i) N.M. refers to Non-Major;ii) E.Z. refers to Eastern Zone, W.Z. refers to Western Zone and S.Z. refers to Southern Zone

92

CHAPTER-5 SUMMARY OF FINDINGS

Contract Labour generally refers to “the Workers employed by or through an intermediary and not directly by the Principal Employer on work of an establishment”. A survey to study the working conditions of the contract workers under the Contract Labour (Regulation and Abolition) Act, 1970 in the sector of Sea-Ports and Ship Yards at all India level was conducted during the period April 2014 to June 2014. During the study 12 Major Sea-Ports, 4 Major Shipyards, 15 Non-Major Sea-Ports and 3 Non-Major Shipyards were selected from the three zones viz. Eastern, Western and Southern Zone. During the course of survey 43 contractors out of 143 of major Sea-Ports, 32 contractors out of 85 of non-major Sea-Ports, 16 out of 268 contractors of major shipyards and 10 contractors out of 33 contractors of non-major shipyards in India were selected for the survey.

The objective of the survey was to study the working conditions, wages and earnings, welfare facilities, social security and industrial relations in respect of contract workers. In addition to the contractors, two workers belonging to contractor were also interviewed to crosscheck the facts about their wages, working conditions and facilities provided to them by their principal employers / contractors. Two stage sampling technique was adopted. At the first stage of sampling Sea-Ports and Shipyards (Major and Non-major) were selected. At the second stage of sampling contractors were selected. Two types of questionnaires were used viz. Principal Employer schedule, Contractor schedule. As far as possible the information was collected from the records of the principal employer and the contractors. However, in the event of non-availability of the requisites records, information was collected through interaction/ discussions with the contractors or their authorized representative.

5.1 REGISTRATION 5.1 Under the Contract Labour (Regulation and Abolition) Act, 1970, every establishment which proposes to engage contract workers for its work is required to obtain a certificate of registration from the appropriate Government. In (major and non-major) Sea-Ports and Shipyard Industry all the sample units covered under the survey (both major and non-major Sea-Ports and shipyards) had obtained registration certificates for engaging contract workers on contract. 5.2 LICENCE

Every contractor is bound to obtain license under the Act for engaging 20 or more contract workers in an establishment. All the contractors surveyed and

93

engaging contract workers in Sea-Ports and shipyards had obtained such license. Though many sample contractors did not require license to engage contract workers still, they had obtained it.

5.3 SAMPLE UNITS BY TYPE OF OWNERSHIP

At All India level all the units of major Sea-Ports and 50 percent of shipyards were in public sector. Nearly, 73 percent of non-major Sea-Ports were owned by private sector and 27 per cent were in public sector. Further, 50 per cent sample units of major shipyards and 100 per cent sample units of non-major shipyards were owned by private sector. It was found that no sea port/ shipyard (major and non-major) falls in the category of joint sector.

5.4 EMPLOYMENT OF CONTRACTORS

It has been observed that, at all India level all the major and non-major Sea-Ports and major shipyards were engaging contractors.

5.5 EMPLOYMENT OF CONTRACT WORKERS A total of 10882 contract workers were found to be working in sample units surveyed. Out of these, 2904 workers were employed in major Sea-Ports, 1247 workers in major shipyards, 6240 contract workers in non-major Sea-Ports and 431 workers were working in non-major shipyards. 5.6 PROPORTION OF CONTRACT WORKERS

The proportion of contract workers in total employment of sample major sea port at all-India level was found to be 11 per cent followed by 42 per cent in major shipyards, 80 percent in non-major Sea-Ports and 84 per cent in non-major shipyards.

5.7 CONTRACT WORKERS BY GENDER

It has been observed that percentage of female contract workers was low i.e., 13 per cent in major Sea-Ports and approximately 2 per cent in major shipyards. Whereas the percentage of female contract worker was found least i.e., 0.25 per cent in non-major Sea-Ports. No female contract worker reported working in non-major shipyards during the survey period.

94

5.8 EMPLOYMENT BY SYSTEM OF PAYMENTS All the contractors covered during the survey had engaged contract workers and making payments on time rate basis only. None of the contractors reported to be making payment to its workers on piece rate basis. 5.9 EMPLOYMENT BY MODE OF RECRUITMENT AND

WORKERS BY LENGTH OF SERVICE

Out of total contract workers engaged by the contractors surveyed in major sea port, 54 per cent had put in upto 1 year of service and 37 per cent had put 1 to 3 years of service. In major shipyards 41 had served 1 to 3 years followed by 35 per cent with upto one year of service. In non-major Sea-Ports, 57 per cent of workers had served 1 to 3 years followed by 32 per cent with up to one year of service and in non-major shipyards 93 per cent of contract workers have period of service less than 1 year and 5.8 per cent more than 1 year but less than 3 years. Most of the contractors were adopting more than one method for recruiting the workers with domination of direct recruitment method.

5.10 EMPLOYMENT BY OCCUPATION

As regards occupation-wise share in employment, helper occupation accounted for 29 and 28 percent in major shipyards and non-major shipyard respectively. In major Sea-Ports 22 per cent of contract workers constitute drivers and in no-major Sea-Ports 18 per cent of contract workers fall in the category of others.

5.11 WORKERS WITH EMPLOYMENT CARDS

As per the requirement of Contract Labour (Regulation and Abolition) Act, 1970, all the contractors are required to issue the employment cards to their workers. During the survey it was found that at All India level in major and non-major Sea-Ports, 53 and 68 per cent and non-major shipyards 100 per cent of contractors had issued the employment cards to their workers.

5.12 FIXATION OF WAGE PERIOD

The Payment of Wage Act, 1946 requires every employer to make payment at a pre-decided and fixed periodicity which shall not exceed a month. In 93 percent cases, wage period was fixed on monthly basis both in major and non-major Sea-Ports and wherein 97 per cent cases in major and non-major shipyards, wage period was also on monthly basis.

95

5.13 PAYMENT OF DEARNESS ALLOWANCE AS A SEPARATE COMPONENT

About 21 per cent contractors in major Sea-Ports and 50 per cent

contractors in major shipyards were observed to be paying dearness allowance as a separate component to their workers. Only 13 per cent contractors were paying dearness allowance as a separate component to their workers in non-major Sea-Ports.

5.14 OVERTIME

About 13 per cent of contractors in major Sea-Ports and 69 per cent in major shipyards were reported to be working on overtime basis and of these 58 per cent and 100 per cent in major Sea-Ports and major shipyards respectively were paying overtime at the rate of double the normal wages. In non-major Sea-Ports 34 per cent of contractors were getting the work done on overtime basis and of these 82 per cent were paying overtime at the rate of double the normal wages.

5.15 ANNUAL BONUS / EX-GRATIA

The annual bonus was paid to about 34 per cent contract workers in major Sea-Ports and 43 per cent in major shipyards. About 21 per cent contract workers in non-major Sea-Ports and 37 per cent in non-major shipyards were paid annual bonus at all- India level.

5.16 ADVANCES

The practice of giving advances for different purposes was observed in case of 60 workers by 16 contractors in major Sea-Ports and 48 workers by 5 contractors in non-major Sea-Ports. Only 2 contractors in major shipyards and 8 contractors in non-major shipyards are reported to be given advances to their 106 and 16 workers respectively.

5.17 WORKING HOURS PER DAY

At all-India level in major Sea-Ports 44 per cent of contractors were taking work for 8 hours, 56 per cent contractors were taking work for more than 8 hours but less than 10 hours in non-major Sea-Ports. Whereas 87 per cent of contractors in major shipyards and 100 per cent in no-major shipyards were taking work from engaging their workers for 8 to 10 hours a day.

96

5.18 REST INTERVALS

All the contractors were found to be complying with the provisions of rest intervals. However, the duration of rest intervals was not fixed by some of the contractors. It ranged from ½ hour to more than one hour.

5.19 WORKING IN NIGHT SHIFTS

About 44 per cent contractors were found to be having night shift working in Major Sea-Ports and non of the contractors were found to be having night shift working in major shipyards at All India Level. Out of these 44 per cent contractors 58 per cent were providing free tea/coffee and snacks to workers during night shift in major shipyards. 17 contractor both in non-major Sea-Ports and shipyards were found to be having night shift. Out of 17 contractors, 11 (64.7 per cent) were found to be providing the tea/snacks to their workers during night shift.

5.20 WEEKLY OFF

About 74 per cent of contractors in major Sea-Ports and 81 per cent in shipyards were allowing weekly off to their workers with wages. In non-major Sea-Ports and shipyards about 72 and 50 per cent of contractors were allowing weekly off to their workers with wages.

5.21 LEAVE AND HOLIDAYS

About 19 per cent and 22 per cent of contractors in major and non-major Sea-Ports at all India level were allowing earned leave to workers with full wages. About 88 percent of contractors in major Sea-Ports and 81 per cent in non-major Sea-Ports were allowing national holidays to their workers. In major and non-major shipyards, about 43.7 per cent and 40 per cent contract workers respectively were allowing earned leave to workers with full wages. About 75 per cent contractors in major shipyards and 100 per cent in non-major shipyards were allowing national holidays to their workers.

5.22 WELFARE FACILITIES

The welfare facilities such as drinking water, washing facilities, latrines and urinals were either provided by the principal employer or by the contractor or both at all India level.

97

5.23 HOUSING

Nearly 2 per cent and 35 per cent of contract workers were provided living accommodation by contractors/principal employers in major Sea-Ports and shipyards. In non-major shipyards 41 per cent workers were provided living accommodation by contractors/principal employers. All the workers were provided rent free accommodation to workers in non-major Sea-Ports.

5.24 MAINTENANCE OF REGISTERS

About 86 per cent of contractors in major sea port and 87 per cent of contractors in non-major Sea-Ports were maintaining muster roll and register of wages. All contractors in non-major shipyards were maintaining muster roll and register of wages. In Major shipyards, 87 per cent of contractors were maintaining muster roll and 81 per cent were maintaining register of wages. More than 60 per cent of contractors both in major and non-major Sea-Ports and non-major shipyards were issuing wage slips.

5.25 INDUSTRIAL RELATIONS

About 31 per cent of contract workers in major and non-major Sea-Ports were members of the trade unions which were exclusively meant for contract workers. About 34 per cent of contract workers in major shipyards were members of the trade unions which were exclusively meant for contract workers. In major Sea-Ports, 55 per cent contractors have grievances redressal system with a time limit of 12 days while in non-major Sea-Ports, 59 per cent contractors have grievances redressal mechanism. The 62 per cent contractors in major shipyards have the grievances redressal mechanism. The system of grievances redressal was not reported in non-major shipyards.

98

ANNUXURE-I INDUSTRIES COVERED UNDER CONTRACT LABOUR

SURVEYS

AS ON 31-03-2014

(REPORT RELEASED)

Sl. No. Name of Industry Period of Survey 1. Iron Ore Mines* 1956-57 2. Petroleum Refineries and oil fields* 1958-59,1993,2009-10 3. Ports 1959-59 4. Railways

(i) Loading and unloading of goods (ii) Construction of Railways Lines,

Bridges, Buildings etc.

1957-59 1959 1959

5. Building and Constructions * 1959-60, 1996 6. Distribution and Marketing side of the

Petroleum 1960-61

7. Maganese Mines 1961 8. Iron and Steel 1961-62, 1999 9. Lime Stone Quarries 1962-63 10. Cotton Ginning and Bailing 1963 11. Mica Mines 1963-64, 1981 12. Hydrogenated oil 1963 13. General and Electrical Engineering

(Excluding Generation and Transformation of Electrical Energy)

1964-65

14. Rice Milling 1967-68, 1986 15. Edible Oils (Other than Hydrogenated oils) 1968-69 16. Sugar 1968-69 17. Manufacture of Structural Clay Products (Fire

Bricks, Tiles, Refracturies and Furnace Lining Bricks/Acidic, Basic and natural)

1970

18. Manufacture of Metal Products (Except Machinery and Transport equipmental)

1971

19. Manufacture of Motor Vehicles 1971 20. Salt 1972-73 21. Paper and Paper Products 1972-73 22. Manufacture of Glass products (Except

Optical Lenses) 1974

23. Electric Light and Power 1974

99

24. Manufacture of Pottery, Chines and Earthenware

1974

25. Flour Milling 1977 26. Non-Ferrous Basic Metals 1977 27. Coal Mines 1979-80 28. Fire Clay Mines 1979-80 29. Magnesite Mines 1979-80 30. Gysum Mines 1979-80 31. Chromite Mines 1981 32. Dolomite Mines 1981 33. Bauxite Mines 1981 34. Irrigation and Power Projects in India 1983-84 35. F.C.I. 2000 36. N.T.P.C. 2000 37. Cement Mfg. Industry 2000 38. Cement Related Mines 2000 39. Air Transport Sector 2005 40. Petroleum Refineries and Oil fields 2009-11

*Repeat Surveys have been conducted in these industries.

100

ANNEXURE II

CONFIDENTIAL

(For official use only)

BHARAT SARKAR

SHRAM AUR ROZGAR MANTRALAYA

SHRAM BUREAU

CHANDIGARH

WORKING CONDITIONS OF CONTRACT LABOUR

IN PORTS AND SHIPYARDS

SCHEDULE I: PRINCIPAL EMPLOYER SCHEDULE

Reference Period __________________

BLOCK I: IDENTIFICATION PARTICULARS

1.

i) Name and address of Sea Port/

Shipping Yard/Dock Yard

___________________________________________

___________________________________________

___________________________________________

101

ii) Year of Establishment ___________________________________________

2. Serial No. as per sample list

___________________________________________

3. Ownership of the unit

Private=1, Public=2, Joint=3, Others(Specify)=4

4. i) Whether registration No. is obtained to engage contractor (s)

Yes=1, No=2, N.A.=3

ii) If yes, Registration No. and date of registration

___________________________________________

iii) If No, reasons thereof

___________________________________________

5. Number of contractors engaged on the date of survey

___________________________________________

5.1 No. of Inspections made by the

competentauthourity _________________________________________

102

BLOCK II: EMPLOYMENT

6. Direct Employment of the Unit

7. Details of Direct Labour and Contract Labour employed (Excluding Managerial, Administrative, Supervisory and Office Staff, etc.)

Workers

Total Direct Labour Employed Total Contract Labour Employed

1 2 3

MEN

WOMEN

TOTAL

Manual workers

Non Manual workers

Total workers

103

8. Contractor wise details of Contract Labour (in descending order of employment) Sl. No.

Contractor’s Name

Total Contract Labour employed on any day during one year ending date of visit

Whether license

required

(Yes=1, No=2)

Whether Contractor is

Licensed

(Yes=1, No=2)

1 2 3 4 5

1

2

3

4

5

6

Total Yes=

No=

Yes=

No=

Reasons for not obtaining licence:

104

9. Details of jobs performed by Contract Labour Sl. No Perennial Jobs Reasons for employing

contract labour Whether direct labour is also working on the same or similar occupation in the unit

(Yes=1, No=2) Occupation of

contract labour*

1 2 3 4

1.

2.

3.

4.

5.

6.

7.

8.

Sl. No

Non-Perennial Jobs

Reasons for employing contract labour

Whether direct labour is also working on the same or similar occupation

(Yes=1, No=2) Occupation of contract labour*

1.

105

2.

3.

4.

5.

6.

7.

8.

*For example: Foremen, Supervisor (General Labour),Loader/Unloaded, Driver (Truck, Lorry or Tractor), Cleaner, Sweeper, Electrician, Fitter, Wiremen, Helper, Mason, General Mazdoor, Welder, Carpenter, Blacksmith, Painter, , Machine Operator, Mechanic /Technician, Gas Cutter, Plumber, Pump Operator, AC Operator/ AC Plant Operator, AC Mechanic, Mali(Gardener), Security Guard, Gunmen, etc.

106

BLOCK III: WORKING CONDITIONS, WAGES AND EARNINGS

10. If direct labour is also working on the same/similar jobs for which contract labour is engaged then give the following details regarding direct labour

A. Working Hours and Rest Interval

Shift timings Daily Hours of Work

Duration of Rest-Interval (Hours) Spread Over

(Hours)

Weekly Hours of Work

From

To

Time Rated

workers Piece Rated

workers

Time Rated

workers Piece Rated

workers

Time Rated

workers Piece Rated

workers

Time Rated

workers Piece Rated

workers

1 2 3 4 5 6 7 8 9 10

1.

2.

3.

General Shift

107

B. Leave and Holidays allowed with Pay

Type of Leave/Holidays

Categories of workers entitled

(code) *

No. of days allowed in a year

Qualifying conditions, if any

Rate of Payment

(code)**

1 2 3 4 5

1. Privilege Leave

2. Casual Leave

3. Sick Leave

4. National Holidays

5. Festival Holidays

6. Any other leave(specify)

* Code: Regular=1, Temporary=2, Casual=3, Badli=4, All workers=5

** Rate of payment: Full wages=1, Half wages=2, Others (specify) =3, No wages=4

C. Weekly Off

i) Whether weekly off is allowed to workers

Yes=1, No=2

ii) If yes, weekly off is allowed with Pay or without Pay

With Pay=1, Without Pay=2

D. Wages and Earnings

108

i) Time Rated Workers

Occupation of workers

No. of Workers

Pay Period*

Basic Wage Rate/

Consolidated Wages, per

day **

(Rs.)

Dearness Allowance on Basic Wage

Rate, per day

(Rs.)

Total Wages

per day

(Rs.)

Total Earnings per

day

(Rs.)

Min.

(Col.

4+6)

Max.

(Col.

5+7)

Min.

Max.

Min. Max. Min. Max.

1 2 3 4 5 6 7 8 9 10 11

Men

1

2

3

4

5

6

Women

1

2

3

4

* Monthly =1, Fortnightly=2, Weekly=3, Daily=4

** i) If Pay Scale (s), then write Min. & Max. basic pay of the Pay Scale (s) . Also write pay scales in the footnote separately.

ii) If consolidated wages are paid, then write Min. & Max. of actual wages paid.

ii) Piece Rated Workers

109


No. of workers

Pay period*

Min. Wages per day prescribed under the Min.

Wages Act

Total Wages/Earnings per

day (Rs.)

Rate of payment per unit of output,

if any

Min. Max.

1 2 3 4 5 6 7

Men

1

2

3

4

5

6

Women

1

2

3

4

* Monthly=1, Fortnightly=2, Weekly=3, Daily=4.

11. i) Whether any efforts are made to regularise the

Contract workers who are employed in perennial

Jobs by abolishing the perennial job’s contract

Yes=1, No=2

ii) If yes, number of contract workers Regularised so far

iii) If no, reasons thereof _______________________________________

_______________________________________

110

Field Officer’s Observations

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Particulars of Investigation

Field Officer Economic Officer

Name _____________________________

Name _____________________________

Date of Survey _____________________

Date of submission of

Schedule___________________________

Signature___________________________

Date of Scrutiny_____________________

Date of dispatch of

Schedule to H. Qtrs._________________

Signature___________________________

111

For Head Quarters use only

Date of receipt of Schedule_________________________________________________

Schedule scrutinised by (Name)_____________________________________________

Signature________________________________Date___________________________

***

112

CONFIDENTIAL (For official use only)

BHARAT SARKAR

SHRAM AUR ROZGAR MANTRALAYA SHRAM BURREAU

CHANDIGARH

WORKING CONDITIONS OF CONTRACT LABOUR

IN PORTS AND SHIPYARDS

SCHEDULE II: CONTRACTOR SCHEDULE

Reference Period ________________

BLOCK I: IDENTIFICATION PARTICULARS

1. Name and address of Sea Port/ Shipping Yard/Dock Yard __________________________________

_________________________________

_________________________________

2. Name and address of the __________________________________

113

Contractor/Sub-Contractor __________________________________ __________________________________

3. Serial No. of the Contactor (as in the Principal Employer Schedule) -------------------------------------------------

-------

4. i) Whether Contractor is licensed (Y=1, N=2)

ii) If yes, License No. with date __________________________________

iii) Validity period of the License

(as indicated in the License) __________________________________

iv) If no, reasons for not obtaining license __________________________________

5. Details of jobs undertaken by the contract labour

Sl. No. Perennial Jobs

Nature of jobs undertaken **

Period of Contract Occupations of contract labour*

1 2 3 4

1

2

3

4

114

5

6

7

8

Sl. No. Non-Perennial Jobs

Nature of jobs undertaken **

Period of Contract Occupations of contract labour *

1

2

3

4

5

6

7

8

* For example: Foreman, Supervisor (General Labour),Loader/Unloader, Driver (Truck, Lorry or Tractor), Cleaner, Sweeper, Electrician, Fitter, Wiremen, Helper, Mason, General Mazdoor, Welder, Carpenter, Blacksmith, Painter, Machine Operator, Mechanic/Technician, Gas Cutter, Plumber, Pump Operator, AC Operator/AC Plant Operator, AC Mechanic, Mali (Gardener),Security Guard, Gunmen, etc.

** For Example: Civil Maintenance, Electrical Maintenance, Civil works (Eraction, Demolition),

Loading/Unloading, Cleaning, House keeping, Running of Canteen, Parking, etc.

115

BLOCK II: EMPLOYMENT

6. Number of workers employed by the contractor as on the reference period

Perennial Jobs No. of time rated workers No. of piece rated workers

Total Number of workers

Occupations of workers employed

Men Women Total Men Women Total Women Men Total

1 2 3 4 5 6 7 8 9 10

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Non-Perennial Jobs No. of time rated workers

No. of piece rated workers

Total Number of workers

Occupations of workers employed

Men Women Total Men Women Total Women Men Total

1 2 3 4 5 6 7 8 9 10

1.

2.

3.

4.

116

7. Length of service of workers employed by the contractor

Period of service Number of workers

1 2

i) Up to 1 Year

ii) More than one year and up to 3 years

iii) More than 3 years and up to 5 years

iv) More than 5 years and up to 10 years

v) More than 10 years

TOTAL

8. Total number of workers employed by the contractor in the unit on the last working day of each of the 12 months (Excluding Managerial, Administrative, Supervisory and Office Staff, etc.)

Month /Year Number of workers employed If there are considerable changes in the number of workers employed from month to month, give brief reasons for the same

Men Women Total

1 2 3 4 5

March,2014

Feb, 2014

Jan, 2014

Dec, 2013

Nov, 2013

Oct, 2013

5.

6.

117

Sep, 2013

Aug, 2013

July, 2013

June,2013 `

may, 2013 `

April,2013

9. RECRUITMENT A. Methods adopted by the contractor for recruitment of labour

Direct=1, Through Employment Exchange=2,

Through existing workers=3,

Through private placement agency=4,

Others (specify) =5

B. i) Whether any preference is given for male/female

workers in the recruitment for any job

Yes=1, No=2

ii) If yes, preference is for male or female worker

Male=I, Female=2

iii) Reasons for preference __________________________ __________________________

10. Whether employment cards have been issued by the contractor to the contract workers engaged by him

Yes=1, No=2, Not aware about the employment cards =3

(see rule 76 under section 29 & 25 (2) (m) of Contract Labour Act 1970)

BLOCK III: WORKING CONDITIONS

11. Working Hours and Rest Interval

118

12. i) Whether there is any system for changeover of workers from one shift to another

Yes=1, No=2, N.A. =9

ii) If yes, periodicity of changeover of shift

Daily=1, Weekly=2, Fortnightly=3,

Monthly=4, Not fixed=5, N.A. =9

13. Whether women workers are employed during night shift

Yes=1, No=2, N.A. =9

Shifts timings

Daily Hours

of work

Duration of Rest Interval (Hours)

Spread Over

(Hours)

Weekly Hours of work

Time Rated

workers

Piece Rated

workers

Time Rated

workers

Piece Rated

workers

Time Rated

workers

Piece Rated

workers

Time Rated

workers

Piece Rated

workers From To

1 2 3 4 5 6 7 8 9 10

1.

2.

3.

General Shift

119

14. Additional amenities/facilities provided to night shift workers

Free /subsidized Tea/Coffee=1, Reduced hours of work=2,

Night shift allowance=3, Others (specify) =4,

No facility=5, N.A. =9

15. i) Whether work is also got done on overtime

Yes=1, No=2

ii) If yes, the rate of overtime payment

Normal Wages=1, Double of wages=2, other=3 (specify)

16. Leave and Holidays allowed with pay to contract workers

Type of Leave/ Holidays

Job categories of workers entitled

No. of days allowed in a year


Rate of payment

(Code)*

1 2 3 4 5

1.Privilage Leave

2.Casual Leave

3.Sick Leave

4.National

Holidays

120

5. Festival

Holidays

6.Any other leave (Specify)

* Rate of Payment: Full wages=1, Half wages=2, Others (specify) =3, No Wages=4

17. i) Whether weekly off is allowed to workers Yes=1, No=2

(ii) If yes, weekly off is allowed with pay or without pay

With pay =1, Without Pay=2

121

BLOCK IV: WAGES AND EARNINGS

18. Time Rated contract workers


No. of workers

Pay period

*

Basic Wage Rate/Consolida-ted Wages, per

day ** (Rs.)

Dearness Allowance on

Basic Wage Rate, per day

(Rs.)

Total Wages

per day

(Rs.)

Total Earnings per

day

(Rs.)

Min.

Max.

Min.

Max.

Min.

(col.4+6)

Max.

(col.5+7)

Min.

Max.

1 2 3 4 5 6 7 8 9 10 11

Men

1

2

3

4

5

6

7

8

122

Women

1

2

3

4

5

6

* Monthly=1, Fortnightly=2, Weekly=3, Daily=4, Not Fixed=5

** i) If pay scale(s), then write Min. & Max. basic pay of the Pay Scales(s). Also write pay scales in foot note separately.

ii) If consolidated wages are paid, then write Min. & Max. of actual wages paid.

123

19. Piece Rated contract workers


No. of workers

Pay period*

Min. Wages per day under the

Min. Wages Act

(Rs.)

Total Wages/Earnings

per day

(Rs.)

Rate of payment per unit of output, if

any

Min. Max.

1 2 3 4 5 6 7

Men

1

2

3

5

6

7

8

Women

1

2

3

124

4

5

* Monthly=1, Fortnightly=2, Weekly=3, Daily=4, Not fixed=5

20. i) Whether any disparity is observed in the

wage rates of men and women contract

workers for the same/Similar jobs

Yes=1, No=2, Men & women worker not employed in similar job=3

ii) If yes, which gender is paid higher wage and

reasons thereof __________________________________ __________________________________

iii) Whether any disparity is observed in the

wage rates of direct and contract

workers for the same/Similar jobs

Yes=1, No=2, Direct & contract workers not employed in similar job=3

iv) If yes, which catagory is paid higher wage and

reasons thereof __________________________________ __________________________________

21. Other allowances paid to contract workers

125

Allowances

Job Categories of workers entitled

Rate of payment


1 2 3 4

1. House Rent Allowance

2. Conveyance

Allowance

3. Medical Allowance

4. Washing Allowance

5. Night Shift Allowance

6. Others (Specify) * i)

ii)

iii)

* Other Allowance: Like LTC, Education Allowance, Dust Allowance, Site Allowance, etc.

22*. i) Whether any authorized representative of the

Principal Employer remains present at the time of

disbursing wages to contract workers

126

Yes=1, No=2

ii) If yes, whether certificate to this effect is

recorded in the pay register

Yes=1, No=2

Rule 73 under section 21 (2) and 35 (2) of the Contact Labour Act 1971

23. Benefits given in kind to contract workers by Principal Employer/Contractor

Benefits in kind

Workers entitled (specify

occupation)

Market price

(Rs.)

Amount contributed by

the worker, if any

(Rs.)

Approx. money value of concession

(col.3-4)

(Rs.)


Benefit provided

by the Principal

Employer or Contractor or

Both

1 2 3 4 5 6 7

Uniform

Food

Tea/Coffee Snacks

Others

(Specify)

i)

ii)

iii)

127

BLOCK V: FINES & DEDUCTIONS 24. i) Whether deductions are made from the

wages of contract workers

Yes=1, No=2

ii) If yes, events in respect of which deductions are made

Fine=1, Absence from duty=2,

Damage or loss of goods=3, Others (specify)=4

25. In case fine is imposed on contract workers by the contractor

i) Whether there is any fine fund

Yes=1, No=2

ii) If there is fine fund, please state how the fine fund is utilized. ______________________________

______________________________

BLOCK VI: ADVANCES 26. Furnish the information in respect of advance(s) given to contract workers

Purpose for which

advance is given *

Amount of advance

(Rs.)

Number of workers given

advance in reference

period

Rate of interest,

if any

No. of instalments in which advance

is to be recovered

Conditions, if any, attached to

the grant of advance

1 2 3 4 5 6

* For example: Marriage, Housing, Social obligations, etc.

128

BLOCK VII: BONUS 27. i) Whether bonus is paid to contract workers

Yes=1, No=2

ii) If yes, furnish the details of bonus paid during the preceding year

Type of bonus paid

Categories of workers entitled

(specify occupations)

Rate of payment

No. of workers paid bonus during the preceding year

Amount of bonus paid(Rs.)

Min. Max.

1 2 3 4 5 6

1. Annual Bonus

2. Festival Bonus

3. Any other (specify)

i)

ii)

iii)

129

BLOCK VIII: WELFARE AND OTHER FACILITIES

28. Welfare facilities/amenities provided to contract workers

Welfare

facilities/

amenities

Whether obligatory

(Yes=1 No=2)

Facility provided at work site by (Contractor=1, Principal Employer=2, Both=3, Not

Provided=4)

Qualitative standard of the facility

(Good=1,Satisfactorty2, Not Satisfactory=3)

1 2 3 4

(a) Drinking Water

i) Water (taps)

ii)Water (Cooler)

iii) Other (specify)

(b) Urinals i) Separate for men &

women

ii) Combined for both

(c) Latrines

i) Separate for men &

women

130


(d) Washing facilities

i) Separate for men &

women


(e) Rest Shelter

i) Separate for men

ii) Separate for

Women

(f) Canteen

Canteen

(g) Creche

Creche

(h) First-aid Box

First-aid Box

(i)Any other

(Specify)

Any other

(Specify)

29. Housing

i) Whether any housing accommodation is

Provided to contract workers

Yes=1, No=2

131

ii) If yes, details of accommodation provided

Type of House

No. of houses provided to contract

labour by

No. of workers provided

accommodation by

Total Rent charged (Rs. per month) by

Whether arrangements for

sanitation and water exist in the houses provided by (Yes=1,

No=2)

Cont-

ractor

Principal Employer

Cont-

ractor

Principal Employer

Cont-

ractor

Principal Employer

Cont-

ractor

Principal Employer

1 2 3 4 5 6 7 8 9

i) Pucca

ii) Semi- Pucca

iii) Kutcha

iv) Thatched

132

BLOCK IX: SOCIAL SECURITY 30. Provident Fund

i) Whether contract workers are covered under the Provident Fund Scheme

Yes=1, No=2

ii) If yes, furnish the following details about Provident Fund

Name of the scheme

Date of introductio

n

Job Categories of workers covered*

Rate of contribution of Eligibility conditions, if any

No. of contract workers covered as inn the reference period

Principal Employer

Contr-actor

Worker

1 2 3 4 5 6 7 8

a) E.P.F.

b) Others

(Specify)

* Contract Worker=1, Regular Worker=2 and Both=3

31. Gratuity

i) Whether contract worker are covered under the Gratuity Scheme

Yes=1, No=2

133

ii) If yes, furnish the following details about the Gratuity

Gratuity Scheme

Rate of payment by

Job Categories of workers covered*

Eligibility conditions,

if any

No of contract workers paid the gratuity during the preceding

year

Principal Employer

Contractor

1 3 4 5 6 7

Regular/

Discretionary

* Contract Worker=1, Regular Worker=2 and Both=3

32. Employees’ State Insurance Scheme and Compensation for Accidents

i) Whether contract workers are covered under the Employees State Insurance Scheme

Yes=1, No=2

ii) If not, whether any compensation is paid to them in case of accidents

Yes=1, No=2

iii) Number of accidents and compensation paid to workers during the preceding year (who are not covered under the E.S.I. Scheme)

134

Kind of accident

No. of accidents

No. of cases in which compensation was paid by

Total amount of compensation paid by (Rs.)

Contractor

Principal Employer

Others (Specify)

Contr-actor

Principal Employer

Others (specify)

1 2 4 5 6 7 8 9

Fatal

Permanent disablement

Temporary

disablement

33. MATERNITY BENEFITS

i) Whether maternity benefit is given

to women workers

Yes=1, No=2, No woman worker is employed=3

ii) If yes, give the details of maternity benefits given to the women workers during the preceding year (who are not covered under the E.S.I.Scheme)

Number of claims Amount paid by Made Settled Contractor (Rs.) Principal Employer (Rs.)

1 2 3 4

135

BLOCK X: INDUSTRIAL RELATIONS

34. a) Whether the contract workers are member of any Trade Union

Yes=1, No=2

b) If yes, give the following details

i) Name of the Trade Union _______________________

ii) No. of contract workers who are members of the union (as on the reference date)

iii) Whether the union is exclusively for the contract workers

Yes=1, No=2

iv) Whether the union is registered Yes=1, No=2

v) Whether the union is recognised by the contractor/principle employer

Yes=1, No=2

35. GRIEVANCE REDRESSAL MACHINERY a) Whether there is any machinery for redressal of

grievances of contract workers

Yes=1, No=2

b) if yes,

i) Who initially receives the complaints? ________________________

ii) Who redresses the grievances? ________________________

iii) Who hears the appeals? ________________________

iv) Time limit for disposal of the

Complaints at various stages ________________________

136

BLOCK XI: MAINTENANCE OF RECORDS

36. Whether following records are maintained by the contractor

i) Muster Roll /Attendance Register (Form XVI)

Yes=1, No=2

ii) Register of wages(Form XVII)

Yes=1, No=2

iii) Combined Resister of Wages-Cum- Muster Roll (Form XVIII)

Yes=1, No=2

iv) Register of deductions for

damage or loss (Form XX)

Yes=1, No=2

v) Register of fines (Form XXI)

Yes=1, No=2

vi) Register of advances (Form XXII)

Yes=1, No=2

vii) Register of overtime (Form XXIII)

Yes=1, No=2

viii) Wage Slip (Form XIX) Yes=1, No=2

37. Source of information From the records=1, Given verbally by contractor=2

Partly from records and partly verbally=3.

137

Field Officer’s Observations

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Particulars of Investigation

Field Officer Economic Officer

Name _____________________________

Name _____________________________

Date of Survey _____________________

Date of submission of

Schedule___________________________

Signature___________________________

Date of Scrutiny____________________

Date of dispatch of

Schedule to H. Qtrs._________________

Signature___________________________

138

For Head Quarters use only

Date of receipt of Schedule_________________________________________________

Schedule Scrutinsed by (Name)_____________________________________________

Signature________________________________Date___________________________

***

Documents

PREFACE · night duty as additional facility to contract working in night shift. Remaining six contractors (31.5 per cent) reportedly provided no additional facility to their workers