Labour & Employment Cell
|Shri Dorjee Wangchu,APCS||i/c Labour & Employment Officer (CO)||9436041815||eerod111[at]gmai.com|
- ADMINISTRATIVE SET-UP INCLUDING DETAILS OF HOD:-
- Under the constitution of India, Labour is a subject in the concurrent list where both the Central and the State Governments are competent to enact legislation, the matters covered under the concurrent list are as follows: -i). Entry No. 22: Trade Unions industrial and labour disputes.ii). Entry No. 23: Social security and insurance, employment and unemployment.
iii). Entry No. 24: Welfare of labour including conditions of work, provident funds, employees invalidity and old age pension and maternity benefits.
Keeping in view its constitutional obligations, the Govt. of Arunachal Pradesh constituted a separate state labour department w.e.f 01/04/1982 with a few staff. Subsequently, the Employment Branch, which was hitherto attached to the Directorate of Social and Cultural Affairs, was transferred to the Labour Department at the instance of the Planning Commission.
At present the Labour and Employment Deptt is functioning under overall supervision and administrative control of the Ex-officio Secretary (Labour). However all works of the Labour Secretariat are done in the Labour Commission rate headed by Labour Commissioner.
The Labour Commissioner is assisted by one Deputy Labour Commissioner, one Assistant Labour Commissioner, one Labour Officer and two Labour Inspectors in labour matter at the State headquarters. Whereas, in employment matters, there are one Asst. Director (Employment) and one Employment Officer at State level to assist the Labour Commissioner cum ex officio Director (Employment).
The Labour and Employment Department has its own field establishments in only 13 out of 22 districts in Arunachal Pradesh. Districts having Labour set-ups headed by Labour Officer are: -Tirap, Changlang, Lohit, Lower Dibang Valley, Lower Subansiri, Upper Subansiri, East Siang, West Siang, East Kameng West Kameng, Kurung Kumey, Upper Siang and Anjaw. However, in Tawang District is presently manned by Circle Officer (Labour & Employment) to look after the Labour & Employment and Employment Exchanges activities.
- OBJECTIVE OF THE DEPARTMENT:-
- Function and duties of Labour and Employment can be classified into two broad categories: –
(i). Function and duties relating to labour matters
(ii). Function and duties relating to employment matters
A Labour Officer in the district is head of District Labour Set up solely under the control of Deputy Commissioner. His powers and function are as follows:-
- Acting as Commissioner for Workmen Compensation within the district.
- Acting as Conciliation Officer for prevention, investigation and settlement of labour and industrial disputes in the district.
- Carrying out inspection of establishments/organisation to ensure compliances with the provision of labour laws.
- Conducting survey of child labour and bonded labour etc.
- Functioning as ex – officio Employment Officer in such a district where there is no Asst. Employment Officer.
- Issuing identity cards to workers in the district.
- Function and Duties relating to labour matters: –
- Administration of Labour Law:
There are a large number of the Central and the State labour laws which are administered and enforced by the Labour Department through its labour enforcement machinery headed by Labour Commissioner. Important labour Acts administered by the Deptt are as follows: –
(a) Payment of Wages Act, 1936.
(b) Minimum Wages Act, 1948.
(c) Payment of Bonus Act, 1965.
(d) Equal Remuneration Act, 1976.
(e) Child Labour (R & A), 1970.
(f) Contract Labour (R&A) Act, 1970.
(g) Workmen Compensation Act, 1923.
(h) Inter-State Migrant Workmen (RE&CS) Act, 1976.
(i) Building and Other Construction Workers (RE&CS) Act, 1976.
(j) Building and Other Construction Workers Cess Act, 1996.
- Maintenance of Industrial Peace and Harmony:
Industrial peace and harmony is one of the main pre-requisites to the smooth development of economy of a state/country. The Labour Deptt is charged with the responsibility of maintaining peace and harmony through its industrial relations machinery headed by the Labour Commissioner. As such the Labour Commissioner and his subordinate officers are responsible to play their effective role as mediator/conciliator for prevention, investigation and settlement of industrial disputes such as strike, lockout, closure, retrenchment or termination of service of workers. Thus enforcement of provisions of Industrial Dispute Act, 1947 and Industrial Employment (Standing Orders) Act, 1946 is an important function of the Labour Department.
- Registration of Trade Unions:
Trade Union Act, 1926 provides for registration and regulation of trade unions of workers and Employers. The Department registers trade unions under the aforesaid Act. For this purpose the Labour Commissioner and the Assistant Labour Commissioner have been notified / appointed as Registrar and Additional Registrar of Trade Unions respectively.
- Regulation of minimum wages for workers:
The Minimum Wage Act, 1948 provides for fixation/revision of minimum wages by the Central Govt. and the State Govt. /UT Govt in their respective jurisdiction as per procedure laid down in the Act and the guideline issued by the Union Labour Ministry. The State Govt. had revised statutorily rate of minimum wages for various categories of workers/employees w.e.f., 15/8/2005, latest being 21/03/2017.
- Labour welfare scheme:
In the sphere of labour welfare, the Labour Department makes efforts to provide such services, facilities and amenities to working class that enable them to work in healthy and congenial environment. Labour welfares include both statutory and non-statutory measures.
- Social Security:
Social Security measures in respect of industrial workers are taken care of by the Labour Department. The Department ensures that social security benefits provided under the labour laws more particularly under the Maternity Benefits Act, 1961, the Workmen’s Compensation Act, 1923, the Payment of Gratuity Act, 1972 should readily reach to the targeted group of workers/employees.
- Registration of establishments and licensing of contractors:
In order to protect interest of workers working in unorganized sectors, the Contract Labour (R&A) Act, 1970 and the Inter-State Migrant Workmen (RE&CS) Act, 1979 provide for registration of establishments wherein workers are engaged through contractors.The aforesaid Acts also make it workers must obtain licence from the Govt. in whose jurisdiction they recruit workers and execute contract work with workers. Keeping in view these provisions, the State Govt. has appointed Labour Commissioner as registering officer and Licensing Officer under both the Acts.
- Workers Educational Programme:
In order to enhance awareness amongst workers with regards to trade unions philosophy, their right and duties, collective bargaining etc the Labour Department is associated with the Central Board for Workers Education which evolves and conducts educational programme for the benefits of the workers.
- The function and duties of employment exchanges. The role of Employment Exchanges is to help and assists un-employed jobseekers to get employment opportunities through submission and placement activities, dissemination of employment information to the jobseekers, vocational guidance and counseling activities etc. The Employment Exchange functions and discharges the various activities as per the programmes and policies laid down in the National Employment Service Manual Vol – I & II which are as under: –
- Registration in Employment Exchanges:
All citizens of India resident in the country are eligible for registration in any of the employment exchanges in the state for availing employment assistance. The documents required at the time of registration are all original certificates of educational/technical qualifications, proof of date of birth, castes/tribe and experiences.
- Renewal of Registration:
Registration is valid for a period of three years and can be renewed for subsequent period of three years on request by person failing which the registration card will be lapsed.
- Transfer of registration of an applicant from one exchange to another exchange;
If an applicant registered in a particular exchange wants to settle down temporarily/permanently in another exchange area, then, his/her registration card will be transferred to that exchange on his/her request in writing with due intimation to the applicant.
- Submission and sponsoring of candidates:
Candidates registered in the employment exchanges are sponsored to various suitable vacancies on the basis of seniority of registration subject to fulfillment of minimum prescribed qualification, age and reservation etc against submitted vacancies by the applicants as an when such vacancies are notified to the employment exchanges by the employers under the Employment Exchange (Compulsory Notification of Vacancies) Act, 1959.
- Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959:
The E.Es (CNV) Act, 1959 has already been enforced in the state of Arunachal Pradesh. Under the provisions of the Act, every employer both public and private (except those exempted by the Act) are required to notify all types of vacancies to the employment exchanges for filling up through employment exchanges and furnish quarterly and biennial occupational return to the employment exchanges.
- Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1960:
Under these rule, the form and manner in which the employers are required to notify vacancies to the employment exchanges and to furnish quarterly and biennial occupational returns have been prescribed.
- Collection of Employment Market Information:
Employment Exchanges are responsible for collecting regularly information about employment in the private sector as well in the public sector. All establishments in the public sector and selected establishment in the private sector (those employing 25 or more persons) are required to furnish regularly details about the number of persons they are employing, vacancies that have occurred therein and the type of person they find to be in short supply under the provisions of E.Es (CNV) Act, 1959 which has made it obligatory on them to render to the local employment exchanges occupational returns.
The employment information and occupation returns so collected from the employers are compiled, tabled in the exchanges and disseminate to the needy jobseekers or any individual or group of individuals or organization who require such data.
- Vocational Guidance (Counseling):
Vocational guidance is a method of helping an individual in planning his career, choosing an occupational course of education, training, apprenticeship etc and in making effective adjustments for a productive or satisfying career.
Guidance programmes are conducted through following activities: –
(a) Group discussion.
(b) Individual guidance.
(c) Review of old cases.
(d) Counseling interview.
(e) Case studies.
(f) Career talks.
(g) Career exhibitions.
(h) Career conference etc.
- REPORTS IF ANY:-i). All the registered workers under the Insurance scheme (PMJJBY, Am Admi Bima Yojana (AABY) 779…..
ii). 6195 members registered under employment exchange till date.