GRÁFICO DE BPD (Barriles por día) VS TIEMPO DE CICLO

IPR Gas Lift intermitente

4.4 GRÁFICO DE BPD (Barriles por día) VS TIEMPO DE CICLO

The following existing Acts have been merged into this Code on Occupational Safety, Health and Working Conditions.

1. The Factories Act, 1948.

3. The Mines Act, 1952.

5. The Working Journalists

(Fixation of Rates of Wages) Act, 1958.

7. T h e B e e d i a n d C i g a r

Workers (Conditions of Employment) Act, 1966. Workers Act, 1961.

10. The Inter-State Migrant Workmen (Regulation of Employment and Condi- tions of Service) Act, 1979.

12. The Dock Workers (Safety, Health and Welfare) Act, 1986.

8. T h e C o n t r a c t L a b o u r

(Regulation and Abolition) Act, 1970.

9. T h e S a l e P r o m o t i o n

Employees (Conditions of Service) Act, 1976.

11. The Cine Workers and Cinema Theatre Workers (Regulation of Employ- ment) Act, 1981.

13. The Building and Other C o n s t r u c t i o n Wo r k e r s (Regulation of Employment and Conditions of Service) Act, 1996.

This article does not present a complete comparative analysis of all the provisions of all these existing Acts with those of the new Code, but only deals with certain notable changes. The Employers have been provided some reliefs from the requirements of Registra-

tions, Licenses and permissions etc. from the government. As per the existing Factories Act, if an application for permission of establishing a factory is not disposed of in three months, the permission will be deemed to have been granted. This is now general- ised for all registrations, permissions and licences (including in r e s p e c t o f c o n t r a c t l a b o u r ) required to be obtained under the new Code. As per the new Code, a single electronic application is sufficient for several registrations and licenses and if such application is not disposed of in 45 days, the license etc. applied for will be

deemed to have been issued.( notable is that no such deeming has been provided for in respect of registration of a trade union). The applicability threshold has been raised from 10 workers to 20 workers in respect of establishments run with the aid of power and from 20 to 40 in respect of those run without power. In respect of provisions relating to contract workers they are applicable only to those establishments with 50 and above contract workers. This is 20 in the existing Act. This excludes considerable number of

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could not bring any change or improvement in the miserable life of the workers in these sectors. The schemes that would be formulated under the new Code could not be hoped to be better either. Now, in the new Code gig workers, platform workers and interstate m i g r a n t w o r k e r s a re a l s o included to get the benefits under the schemes to be pre-

pared. Unless there is an economy

which could provide these workers sufficient incomes and better working conditions any social security schemes under the Code could at best remain an eye wash.

Both the existing laws and the new Code exclude a vast section of unorganised and migrant workers from the scope of even these eye wash schemes.

The real solution to the plight of these unorganised and migrant workers has to be sought in

identifying and addressing the root causes, such as agrarian crisis and lack of and uneven d e v e l o p m e n t o f i n d u s t r i a -

lisation. As majority of rural

people have no land in their hands, as the landlord system is continu- ing in varied forms and as the peasantry is being exploited by the c a p i t a l i s t m a r k e t a n d o t h e r institutions there is an agrarian

Many provisions in this new Code related to “Maternity Benefit” and that are related to

“equal remuneration” to women workers, as in the code on wages are repetition of that of the existing laws. The proportion of women workers in industrial employment is vary small in our country. The majority of those who work in industries are engaged as casual and contract workers.

Women are not paid even equal

wages on par with male workers

despite the constitutional and statutory provisions in this regard.

crisis pauperising and impove- rishing crores of rural poor and forcing them to migrate.The lack of development of industry in their own district and state is forcing them to migrate to other districts and states. If land is distributed and landlord system is abolished most of these poor would find employment in their own villages. Unless the incomes of the rural people, 70% of our population, are increased no development of industry could be expected. Curbing the rights of workers would not lead to Industrial development, nor the plight of the workers could be removed with social security legislations, eye wash or substantial.

T h e r e l e v a n t n e w c o d e permits employers to employ Most of the benefits like ESI, PF and Bonus etc. are also denied to them. Then the fate of provisions under Maternity Benefit Act could be imagined. The threshold limits in the existing law s well as in the new Code exclude considerable section of women workers from the scope of the law and deprive them of the benefits. Again it is a question of requirement of strong unions and active participation of women in the working-class movement which is not as required due to several reasons including

patriarchy, prevalent not only in the employers but also in the

unions and leaderships. It is a

common experience that, where women actively participated in the movements there were notable successes. Trade union movement in India is lagging behind in this respect and has much to do. The workers and the leaders have to realise this and reorient their movements to achieve the equal participation of women not only in industrial employment but also in trade union movement, which alone guarantees the enforcement and protection of rights not only of women workers but also of the working-class as such.

6. T h e M o t o r Tr a n s p o r t

2. The Plantation Labour Act,

1951.

women workers in the night

shifts also, i.e., between 6 pm and

7 am. This may seem to be provid- ing equal opportunity for the women workers, but in reality helps only the employers to further exploit the former in the given social, economic, and political environment in our country, particularly in respect of women. The Working class should fight to bring about a change in this environment, and more particularly to completely eradicate patriarchy.

4. The Working Journalists

a n d O t h e r N e w s p a p e r Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955.

The Code on Occupational Safety,

Health And Working Conditions :

The following existing Acts have been merged into this Code on Occupational Safety, Health and Working Conditions.

1. The Factories Act, 1948.

3. The Mines Act, 1952.

5. The Working Journalists

(Fixation of Rates of Wages) Act, 1958.

7. T h e B e e d i a n d C i g a r

Workers (Conditions of Employment) Act, 1966. Workers Act, 1961.

10. The Inter-State Migrant Workmen (Regulation of Employment and Condi- tions of Service) Act, 1979.

12. The Dock Workers (Safety, Health and Welfare) Act, 1986.

8. T h e C o n t r a c t L a b o u r

(Regulation and Abolition) Act, 1970.

9. T h e S a l e P r o m o t i o n

Employees (Conditions of Service) Act, 1976.

11. The Cine Workers and Cinema Theatre Workers (Regulation of Employ- ment) Act, 1981.

13. The Building and Other C o n s t r u c t i o n Wo r k e r s (Regulation of Employment and Conditions of Service) Act, 1996.

As per the new Code, “safety committee” shall be constituted in non- hazardous factories and mines etc., only where 500 and more workers work. This was 250 in the existing Act. However establishments categorised as hazardous with 250 and more workers shall constitute a safety committee, as per the new Code. In many existing factories these committees are constituted for name sake and they could not be so effective in ensuring safety. Things come to notice, and forgotten soon, only when some serious and fatal accidents take place. Even simple things like gloves, goggles and shoes are not provided in many industries; the workers and unions also do not insist on them.

The existing Factories Act and mines Act etc., prescribe certain specific standards of occupational safety, health and working conditions which may not be exhaustive. Now, in the new Code no such specific standards are prescribed in the Code, but the central government is empowered to prescribe such standards. The Code does not define the measures and standards to be maintained by employers in factories and mines etc., but the government kept the power with it to define the same. This means that the core provisions to be enshrined in the “Act” now are transferred to the “Rules” and “schemes” to be formulated by the government. Most of the key powers in this regard are vested with the Central government.

In the existing Factories Act a right is conferred on the workers to intimate to the employer and authorities concerned regarding any hazardous conditions. While retaining this right, the new Code cast a duty also on the workers (applicable not only to workers in factories but to all such as workers in mines etc.) the failure of which is punishable with imprisonment workers from the applicability of the Code.

Hours of work is one of

the important matters governed by these laws. As per the existing Factories Act and Mines Act, the limit of daily hours of work is 9 hours and the limit of weekly hours of work is 48 hours. Now in the new Code for all workers only daily limit of 8 hours of work was prescribed. Draft rules in respect of this Code are just released wherein the weekly hours of work are fixed as 48 hours and the maximum “spread over” of period of work in a day, including all rests and intervals, is increased to 12 hours from 10 and half hours in the existing Factories Act. This “spread over” is being misused by several employers, particularly in transport sector, increasing the actual hours of work up to 12 hours in a day instead of 8 hours.

In the existing Factories and other related Acts Double wages are prescribed for extra work beyond 9 hours in a day and 48 hours in a week. However, in the new Code, the number of hours beyond which the double rate of wages to be paid has not been specified and the power to prescribe the same is given to the government. This is taking away the direct “statutory right” of the

up to two years. workers and converting the same into a “power” of government.

A proviso is included in the new Code that a worker shall be required to work overtime by the employer subject to the consent of such worker for such work. There are and will be number of circumstances like low wages

and lack of job security which

prevent the workman to exercise this provision of “consent” and which force him to “consent” for overtime work.

I n m a n y F a c t o r i e s a n d Establishments overtime wages (double wages) are not being paid for the extra hours of more than 9 hours in a day if the weekly hours of work do not exceed 48 hours. As per the new Code the overtime wages shall be calculated on daily or weekly basis, whichever is favourable to the workmen. H o w e v e r m a n y e m p l o y e r s , particularly in transport sector, including those owned by government like AP and TS RTC, have not been implementing the 8 hours law. Tens of Lakhs of workers are not paid overtime wages as per law by the employers who have been deliberately flouting the law with impunity. Without unions and struggles this couldn't be enjoyed by workers anywhere.

By now, 12 hours working day, without payment of O.T wages, has become a norm in several establishments, more so in transport sector, commercial units like shops and malls, including in IT/BPO sector. The concept of 8 hours work day has been sub- verted.

In the present labour scenario the number of contract workers,

even in perennial nature of jobs, in most establishments exceeds that of permanent workers. This is the key area and method of exploita- tion of labour. The existing Contract Labour Act empowers the government to prohibit engagement of contract labour in any “process or operation or work” after considering the factors such as “ whether the operation or work is incidental to, or necessary for the trade, business, manufacture or occupation carried on in the establishment” and whether the work etc., are of “perennial nature”. In the wake of struggles by workers, state governments like AP have diluted these provisions introducing the concept of “core” area/jobs. They brought amend- ments defining what are not “core” jobs, legitimising engagement of contract labour in many perennial nature of jobs. The Central

4. Loading and unloading

It should be noted that all these operations or works are of perennial nature and are part of the business of any establishment. Thus the government legitimized the engagement of contract l a b o u r i n m a n y p e re n n i a l natures of works through the new Code. This is certainly in favour of the employers at the cost of the workers.

1. Sanitation, sweeping and

cleaning

5. Running hospitals

government” has followed this anti-worker sophistication and incorporated the concept of “core” jobs in the new Code and listing what are not core jobs. The following are some of the jobs which are not core areas where engagement of contract labour shall not be prohibited by the government: 6. T r a n s p o r t i n c l u d i n g ambulance 7. Housekeeping 2. Wa t c h a n d w a r d a n d security services Curiously a demand or an industrial dispute for regularis- ation of contract workers working in such perennial and core jobs, by way of abolition of contract

3. Canteen and catering

system in those jobs, cannot be raised by the contract workers and their unions as held by s e v e r a l H i g h C o u r t s a n d Supreme Court. It has to be raised by the regular workers and their unions only. Most of the unions of regular workers are not taking up this demand.

It is to be further noted that the provisions relating to contract workers in the new code are applicable to those establishments where 50 and more workers are engaged as contract workers. This

excludes a considerable section

of contract workers from the

scope these statutory provisions and makes it easier for several employers to engage contract workers even without required registration and licence and denying the statutory benefits to workers.

On a closer scrutiny, we can understand that the enforcement has been further weekend, as per the new labour codes when compared with the existing laws. The change in the term “inspec- t o r s ” a s “ i n s p e c t o r- c u m - facilitators” indicates the nature of this dilution of enforcement. The nexus of Industrial managements, corrupt officials and politicians had already weakened the enforcement in practice. Various governments passed G.O.s restricting inspections and penal actions creating a free environment for the employers to violate law and exploit workers. Now, as per the new Codes, the inspector cum facilitator has to act in accordance with the inspection schemes that may be prescribed by the government. Certain powers are given to the inspector cum facilitators to enter into establishments and search documents etc. However as per the language of the Code the inspectors has to follow the scheme prescribed by the government and act mostly as advisors to

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