Workers and trade union leaders say the move could improve working conditions, bridge the gap between workers and give unions the power to collective bargaining.
Workers and trade union leaders say the move could improve working conditions, bridge the gap between workers and give unions the power to collective bargaining.
A first-of-its-kind initiative by the workers’ union of an auto parts company in Manesar to grant membership to a contract worker has rekindled the debate over the right of contract workers to join unions. According to leaders of workers and trade unions, the move has the potential to bridge the gap between permanent and contract workers in the Gurugram-Manesar-Bawal automotive belt in Haryana.
On August 14 last year, Keshav Raj, a contract employee of Belsonica Auto Components India Pvt Ltd, was granted membership in the company’s employees union and the matter came to the fore when the union mentioned his name in its income tax returns filed this year .
The move prompted Haryana’s labor commissioner, who also acts as the registrar of trade unions, to a letter dated September 5 to the union seeking an explanation within 20 days of the action that “prima facie appears to be illegal” and ” in violation”. Rule 5 of the Constitution of the Union.
On 28 September, in its reply, the employees’ union defended its decision, saying it was in compliance with its constitution, which had been duly approved by the Labor Commissioner’s office. It states that the right to form unions was guaranteed to all workers under Article 19 of the Constitution and the provisions of the Trade Unions Act, 1926 did not differentiate between regular and contract workers in the matter of union formation.
‘Test the water’
Ajit Singh, general secretary of the labor union in Belsonica, said granting membership to Mr. Raj was not an “easy” decision as the move was followed by protests over apprehensions about the union’s registration. “Regular workers also feared that they would be marginalised. However, after getting indications from the management that a large number of regular workers may be laid off, we realized that we would have to take the contract workers along to fight a united battle. We have engaged a contract worker to test the water.
Rajesh Kumar, who is leading the movement to form a union for contract workers at Japanese company Hitachi’s plant in Manesar, said the decision was bound to pressure regular workers to provide representation to contract workers in their unions. “We have submitted a charter of demands to the management demanding fair wages and other entitlements, but we have not received any support from the labor union. Here the situation of contract employees of all auto companies is similar. We work at par with regular workers but get paid much less.”
Shyambir Shukla, a member of the central committee of Delhi-NCR-based trade union Inquilabi Mazdoor Kendra, said the auto hub saw joint participation of all workers in major labor movements, while permanent workers kept contract workers out of unions.
“After the liberalization of the Indian economy in 1991, different categories of workers were created, leading to division among them. Although abolishing the contract system has been a long-standing demand of trade unions, little has been done to create awareness among workers to provide representation to contract workers in unions. This has created huge inequality in wages and other benefits and affected the unity of workers. The move to induct a contract employee into the employee union of the company may set a new trend,” Mr Shukla said.
‘Welcome move’
Pawan Kumar, president of the Maruti Suzuki Workers Union in Manesar, welcomed the move, but said no such demand has been made so far from the contract workers in his company.
Satveer Singh, vice-president of the Haryana unit of the Center of Indian Trade Unions (CITU), said it was a “welcome move” but it was too early to predict its impact on workers in the sector. “Trade unions, especially CITU, have always advocated the need to involve contract workers. The matter came up for detailed discussion during the Maruti Mazdoor Andolan in 2011, but it is for the trade unions to take a stand. Often, regular employees tend to play in the hands of the management and think only of their own interests. With the number of regular workers dwindling, the induction of contract workers will give strength to unions for collective bargaining,” Mr. Singh said.
According to Hind Mazdoor Sabha general secretary Harbhajan Singh Sidhu, more contract workers are demanding membership of unions following the pandemic-induced lockdown. “In the automotive belt of Haryana, thousands of workers lost their jobs during the lockdown. When factories reopened, contract workers started coming to us to join our unions. We have helped many unions to amend their bye-laws to include contract workers,” said Mr. Sidhu.
All India Trade Union Congress general secretary Amarjeet Kaur said that auto companies and labor department officials have opposed allowing contract workers to form unions during the talks, but no one can oppose it as it is a fundamental right of workers. . “We have seen this new trend of contract workers joining unions in the automobile, coal, oil and telecom sectors despite protests from the management and government officials,” said Ms. Kaur.
(with inputs from AM Jigish)