Ban on night shift for women workers to be lifted in order to create more jobs for them
The State Cabinet on Monday gave in-principle sanction to major amendments to simplify the labour laws. The amendments have been proposed in 20 laws in favour of both labourers and entrepreneurs.
These amendments have assumed added significance in view of the Global Investors Summit to be held at Indore next month. As a result of these amendments, entrepreneurs will be encouraged to establish industries in the State and labourers' working conditions will also improve.
As part of efforts to further women's empowerment and providing more employment opportunities to women workers, it is proposed to lift the ban on their working in night shift. However, the employer will have to follow prescribed norms and conditions for their safety.
Micro industries are proposed to be exempted from nine labour laws. Their inspection will be made only after advance permission from the labour Commissioner. Status quo is proposed to be maintained in provisions for the salaries, gratuity, bonus, ESI, provident fund etc. for workers in these industries.
At present, a labourer becomes entitled to holidays for next calendar year after working for 240 days. As per the proposed amendment, a labourer will become entitled for paid holiday after working for 180 days during the same year. In place of 61 registers, one consolidate register will be maintained under 16 labour laws and only 2 returns are proposed to be filed instead of 13 annually.
As per amendment, now an employer will have to deposit Rs 25,000 in labourer rehabilitation fund if child labourers are found in his establishment. Criminal case will also be filed. Period of overtime for labourers in establishments is also proposed to be enhanced. Overtime period in a quarter will be increased from 75 to 125 hours. Now, consent of labourers for overtime will be mandatory.
It is proposed to rid gumashta establishments (with less than 9 labourers) of unnecessary inspections. Inspections will be made only after advance permission from the labour Commissioner.
Powers of giving permission for filing cases under the Factory Act is proposed to be vested in labour Commissioner instead of inspector. Deemed provision is proposed for ridding of unnecessary procedures of licence and registration under 5 labour laws. licence/registration not issued within time-limit will be deemed as issued. Permission for lay-off will be given only on number of labourers being 300. Provision of compounding is proposed in labour laws as a result of which only fine will have to be paid instead of jail term. Madhya Pradesh Industrial Employment Standing Order Act is proposed to be implemented on number of labourers being 50 instead of 20.
Permission for layoff, retrenchment, closure will have to be taken when number of labourers is 300 instead of 100. A provision has been proposed to give 3-month notice and 3 months' salary separately in establishments with less then 300 labourers to ensure that labourers get better compensation on lay-off. This provision will inspire employers to employ over 100 labourers on regular rolls. "Plant & Machinery" needs to be separated from construction cost for fixation of building & other construction workers welfare cess.