The Labour Department seeks to maintain industrial peace in the State. The Industrial relation machinery is always vigilant in anticipating labour problems and promptly intervenes to resolve such problems by means of negotiations, conciliation, arbitration & adjudications.
The Department endeavors to ensure expeditious settlement of the disputes by way of encouraging bi-partite negotiations (Management & Workers ) and entering into tri-partite negotiations (Management, Workers & Labour Department).Those disputes which do not get settled are referred to the Labour Courts/Tribunal for adjudication .The Awards of these Labour Courts/Tribunals are accepted and published by the State Government and their implementation is also ensured.
More than 25 Labour enactments & rules made thereunder are administered by the Department. The enforcement of these Acts is done by the officers of Labour Department under the charge of Labour Commissioner /Chief Inspector of Factories. The Inspectorate staff conducts inspections from time to time under various labour laws.
Prosecutions are launched wherever violations are noticed.
There are 9 Labour Courts and Industrial Tribunals located at Faridabad-3 nos., Gurgaon-2 nos., Panipat, Rohtak, Ambala and Hissar have one Labour Court respectively. These Courts are headed by Presiding Officers of the level of Additional District and Sessions Judge. Their principal function is to adjudicate upon industrial disputes referred to them by the Government besides claims of dues against employers submitted by the workers.
Efforts are being made for implementation of minimum wages , payment of wages, enforcement of provisions of Bonded Labour System (Abolition) Act, Child labour (Prohibition & Regulation) Act, Inter State Migrant Act, Contract labour (regulation) Act, ensuring Payment of Gratuity & Bonus to the workers ,compensation in respect of injured/deceased workmen and benefit to women workers under Maternity Benefit Act etc.
Efforts are made to bring down the number of strikes /lockouts & go-slow tactics etc. by the joint efforts of the managements and trade unions for achieving better productivity.
The Government has also been giving encouragement to the setting up of Works Committees under the Industrial Disputes Act , 1947 . The Works Committees, are designed to solve day to day problems between workers & managements in a friendly spirit .
The Minimum Wages of Industrial workers are the highest in the country. The Govt. has revised the Minimum rates of wages @ Rs. 3664.54/- per month and Rs. 140.94/- per day for an unskilled worker w.e.f 1-7-2008.
The department has simplified the procedure for registration, licencing and approval of factory building plans.Now the applications for registration and approval of building plans are received by the concerned Asstt. Director (IS&H) who after getting the needful correction done, tries to ensure its submission to H.Q. within 15 days through Deputy Director (IS&H).To facilitate the industries of NCR area, the work of Registration, Licencing & approval of Factory Building Plan under the Factories Act, 1948 has been entrusted to Additional Labour Commissioner, Gurgaon. Beside, all the Deputy Labour Commissioners in the field has been notified as Registration & Licencing Officers under the Contract Labour (Regulation & Abolition) Act, 1970.
To facilitate the Information Technology and related industries in the State, permissions have been extended for women to work on night shifts with mandatory mechanism for adequate protection during working hours and for employers to take full responsibility for the security and transportation of their women employees.
I.T. and I.T Enabled services industries have been allowed to fix their own time schedule of eight hours work and weekly off -day by giving them exemption from the provisions of Sections 9 and 10 of the Punjab Shops & Commercial Establishments Act, 1958.This will enable them to function in consonance with the different time zones of the countries of their clients world wide.
The Government has framed the rules known as the Haryana Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules 2005, under the Building and Other Construction Workers (Regulation of the Employment and Conditions of Service) Act, 1996 by the notification dated 29th March,2005. Appointment of Chief Inspector of Inspection of Building and Construction, Appellate Officers, Inspectors, Registering Officers have been made under Section 42(2), 9(1) and 42(3) and 6 respectively by notifications dated 5.06. 2006, 19.12.2007, 05.06.2007 and 05.06.2007 respectively. Also appointment of Cess Collectors, Assessing Officers, Appellate Authority under Rule 2(f), 2(g) and 2(h) respectively of the Buildings and Other Construction Workers Welfare Cess Rules, 1998 have been made by notifications dated 29.06.2006, 29.06.2006 and 19.12. 2007 respectively. Haryana Building and Other Construction Workers Welfare Board u/s 18 of the main Act has been constituted on dated 02.-11-2006.
Government of India, Ministry of Labour & Employment vide notification effective from 10-10-06 has prohibited the employment of children below the age of 14 years as domestic servants, dhabas(road-side eateries), restaurants, hotels, motels, tea-shops, resorts, spas or other recreational centres.For proper implementation of this notification Labour Department has written to all the Deputy Commissioners in the State to make necessary arrangements for rehabilitation of Child Labour who will come out from the different occupations as a result of implementation of this notification.Wide publicity has been given to this notification through News Papers, Televisions and other modes of publicity for general awareness among the masses.
Various Boards /committees i.e. State Advisory Contract Labour Board, Minimum Wages Advisory Board, Equal Remuneration Advisory Committee etc. are constituted under various enactments for proper implementation/regulation of labour laws.
The Government has taken progressive steps to safeguard the workers from health hazards and provide industrial safety at work place.
Two Certifying Surgeons and five Medical Officers have been appointed who undertake visits to factories where workers are engaged in hazardous operations. They have been provided with a mobile Van, equipped with Mass Miniature X-Ray plant and laboratory.
To promote industrial safety and generate awareness amongst employers, the Factory Inspectorate has been directed to get the 'Safety Plans' prepared in respect of all chemical and hazardous factories.
In order to encourage promotion of safety measures and create awareness in industrial units by voluntary efforts, 'Haryana Safety Council' has been set-up which organises 'Seminars' and 'exhibitions' on safety.
Every year 'State Industrial and Safety Awards are also given to industries which have lowest accident rate, and to industries which provide best welfare facilities.
'Labour Law Today' and 'Haryana Labour Journal' are being brought out by the Department in collaboration with the Haryana Safety Council which disseminates information about industrial Labour Statistics and various judgments, labour related topics and safety to the employers, workers and others connected with the industry.
The Government of Haryana accord lot of importance to labour welfare measures.The Government has constituted a
Labour Welfare Board
Under the Labour Welfare Fund Act, 1965.
In order to raise standard of living of workers and their dependents, the Labour Welfare Board runs the following Welfare Schemes for contributory member workers who are drawing salary upto Rs.15,000/- per month under Section 10 of the Punjab Labour Welfare Fund Act, 1965.The benefit of Board's Schemes would now be available only upto labourers and their dependents, not to managerial and supervisory staff.In brief the schemes are listed hereunder:-
Ex-gratia help to widows/ dependents:
Financial help of Rs. 20,000/- is given to widows/ dependents of deceased workers who were in job for at least 6 months at the time of death. If the application is received after one year of death of worker, then no assistance is provided.
Scholarships to the children:
Scholarships ranging between Rs. 2000/- to Rs. 8000/- to male wards of industrial workers and Rs. 3000/- to Rs. 12000/- to female wards are provided from 9th class to Post Graduate classes on getting 50% and above marks in 8th standard examination upto Post Graduate Classes, including various specified diplomas / degrees in professional courses.
Financial assistance in the shape of 'Kanyadaan':
Financial assistance in the shape of 'Kanyadaan' of Rs. 10000/- each is provided for marriage upto two daughters of those workers who have put in 5 years or more service.
Financial assistance for spectacles and dental care:
Financial assistance to the extent of Rs. 500/- is re-imbursed to industrial workers for the purchase of spectacles on production of prescriptions from the opticians/ doctors and Bill/ cash receipts. Besides above, financial assistance of Rs. 500/- is also provided for the dental care of worker and his/ her dependants. At least two years service of worker is required for availing benefit under this scheme.
Ordinary fare is re-imbursed to a group of 5 to 50 workers and their family members for availing opportunities to visit industrial / historical and religious places in the country. Workers having at least two years service, can avail this scheme.
Tour of Religious Places:
The facility of free traveling to religious and historical places has also been further broad based to include visit to Vaishno Devi Shrine, in addition to existing facility of traveling to Haridwar, Rishikesh, Ajmer & Amritsar.
Financial assistance in the event of accident while performing duties:
Financial assistance ranging between Rs. 5000/- to Rs. 10000/- is provided depending upon percentage of disability due to accident while performing duties along with immediate additional assistance of Rs.5000/-. Applications under the scheme are required to be submitted within one year from the date of issue of certificate of percentage of disability from the medical Board or E.S.I.
Chief Minister Sharam Purskars:
Sharam Purskars to highly efficient, disciplined and social workers between Rs. 20,000/- to Rs. 1,00,000/- are provided. In all 43 purskars amounting Rs. 11,00,000/- are available under the scheme for those workers who have at least five years of service..
Labour Welfare Centre:
Labour Welfare Centers at 10 places (one each at Panchkula, Jagadhri, Dharuhera, Khanak, Rohtak, Hisar, Bahadurgarh and 3 nos. at Faridabad) are running for imparting training of cutting, tailoring, embroidery, stitching etc. to the family members of workers through I.T.I trained Instructresses. Knitting, sewing machines and other material is provided free of cost at these centers. Besides above, job oriented training for mobile and U.P.S repair etc. is also provided by engaging trained mechanics/ engineers on honorarium basis from open market.