MHA ISSUES NEW GUIDELINES FOR RE-OPENING

 MHA ISSUES NEW GUIDELINES FOR RE-OPENING

Ministry of Home Affairs

MHA ISSUES NEW GUIDELINES FOR RE-OPENING

GIVES FLEXIBILITY TO STATES UTS FOR OPENING OF SCHOOLS

OPENS UP MORE ACTIVITIES OUTSIDE CONTAINMENT ZONES

STRICT ENFORCEMENT OF LOCKDOWN IN CONTAINMENT ZONES

TILL 31ST OCTOBER 2020

Posted On: 30 SEP 2020 7:56PM by PIB Delhi

Ministry of Home Affairs (MHA) has issued new guidelines today, for opening up of more activities in areas outside the Containment Zones. In these guidelines, which will come into effect from October 1, 2020, the process of re-opening of activities has been extended further. The new guidelines, issued today, are based on feedback received from States and UTs, and extensive consultations held with related Central Ministries and Departments. 

SALIENT FEATURES OF THE NEW GUIDELINES

Activities permitted from 15^th October 2020, in areas outside the Containment Zones

·         Cinemas/ theatres/ multiplexes will be permitted to open with upto 50% of their seating capacity, for which, SOP will be issued by Ministry of Information & Broadcasting.

·         Business to Business (B2B) Exhibitions will be permitted to open, for which, SOP will be issued by the Department of Commerce.

·         Swimming pools being used for training of sportspersons will be permitted to open, for which the standard operating procedure (SOP) will be issued by Ministry of Youth Affairs & Sports (MoYA&S). 

·         Entertainment parks and similar places will be permitted to open, for which the SOP will be issued by Ministry of Health & Family Welfare (MoHFW).

Opening of Schools, colleges, education institutions and coaching institutions

·         For re-opening of schools and coaching institutions, State/ UT Governments have been given the flexibility to take a decision after 15^th October 2020, in a graded manner.  The decision shall be taken in consultation with the respective school/ institution management, based on their assessment of the situation, and subject to the following conditions:

o    Online/ distance learning shall continue to be the preferred mode of teaching and shall be encouraged.

o    Where schools are conducting online classes, and some students prefer to attend online classes rather than physically attend school, they may be permitted to do so.

o    Students may attend schools/ institutions only with the written consent of parents.

o    Attendance must not be enforced, and must depend entirely on parental consent.

o    States /UTs will prepare their own SOP regarding health and safety precautions for reopening of schools/ institutions based on the SOP to be issued by Department of School Education and Literacy (DoSEL), Ministry of Education, Government of India, keeping local requirements in view.

o    Schools, which are allowed to open, will have to mandatorily follow the SOP to be issued by Education Departments of States/ UTs.

·         Department of Higher Education (DHE), Ministry of Education may take a decision on the timing of the opening of Colleges/ Higher Education Institutions, in consultation with Ministry of Home Affairs (MHA), based on the assessment of the situation. Online/ distance learning shall continue to be the preferred mode of teaching and shall be encouraged.

o    However, Higher Education Institutions only for research scholars (Ph.D) and post-graduate students in science and technology stream requiring laboratory/ experimental works will be permitted to open from 15^th October, 2020, as under:

      i.        For Centrally Funded Higher Education Institutions, the Head of Institution will satisfy herself/ himself that there is a genuine requirement of research scholars (Ph.D) and post-graduate students in science and technology stream for laboratory/experimental works.

    ii.        For all other Higher Education Institutions e.g. State Universities, Private Universities etc., they may open only for research scholars (Ph.D) and postgraduate students in science and technology stream requiring laboratory/experimental works as per decision to be taken by the respective State/UT Governments.

Regulation of gatherings

·         Social/ academic/ sports/ entertainment/ cultural/ religious/ political functions and other congregations have already been permitted with a ceiling of 100 persons, outside Containment Zones only.  Now State/ UT Governments have been given the flexibility to permit such gatherings beyond the limit of 100 persons, outside Containment Zones, after 15^th October 2020, which will be subject to the following conditions:

o    In closed spaces, a maximum of 50% of the hall capacity will be allowed, with a ceiling of 200 persons. Wearing of face masks, maintaining social distancing, provision for thermal scanning and use of hand wash or sanitizer will be mandatory.

o    In open spaces, keeping the size of the ground/ space in view, and with strict observance of social distancing, mandatory wearing of face masks, provision for thermal scanning and hand wash or sanitizer.

To ensure that such gatherings do not spread COVID-19, State/ UT Governments will issue detailed SOPs to regulate such gathering, and strictly enforce the same.

·         All activities, except the following, shall be permitted outside containment zones: 

      i.        International air travel of passengers, except as permitted by MHA.

·         Lockdown shall continue to be implemented strictly in the Containment Zones till 31^st October, 2020.

·         Containment Zones shall be demarcated by the District authorities at micro level after taking into consideration the guidelines of MoHFW with the objective of effectively breaking the chain of transmission. Strict containment measures will be enforced in these containment zones and only essential activities will be allowed.

·         Within the containment zones, strict perimeter control shall be maintained and only essential activities allowed. 

·         These Containment Zones will be notified on the websites of the respective District Collectors and by the States/ UTs and information will also be shared with MOHFW.

States not to impose any local lockdown outside Containment Zones

·         State/ UT Governments shall not impose any local lockdown (State/ District/ sub-division/City/ village level), outside the containment zones, without prior consultation with the Central Government.

No restriction on Inter-State and intra-State movement

·         There shall be no restriction on inter-State and intra-State movement of persons and goods. No separate permission/ approval/ e-permit will be required for such movements.

National Directives for COVID-19 management

·         National Directives for COVID-19 management shall continue to be followed throughout the country, with a view to ensure social distancing.  Shops will need to maintain adequate physical distancing among customers. MHA will monitor the effective implementation of National Directives.

Protection for vulnerable persons

·         Vulnerable persons, i.e., persons above 65 years of age, persons with co-morbidities, pregnant women, and children below the age of 10 years, are advised to stay at home, except for meeting essential requirements and for health purposes.

Use of Aarogya Setu

·         The use of Aarogya Setu mobile application will continue to be encouraged.

NW/RK/PK/DDD (Release ID: 1660432

Ministry of Labour & Employment

 Ministry of Labour & Employment

Union Labour Ministry Allays apprehension about Labour Codes as misfounded
Ministry says Labour Codes aimed at expanding labour welfare measures not only to existing beneficiaries but also to over 40 more workers in unorganized sector

Posted On: 28 SEP 2020 3:06PM by PIB Delhi 

 

The Ministry of Labour and Employment has today allayed all fears and doubts about historical game changer reforms bills known as Labour Codes passed by Parliament a few days ago. Union Labour Ministry has stated that the criticisms being aired are misfounded. In a pointed clarification on raising employee limit of smaller Units for closure to 300, the Ministry has underlined that Department related Parliamentary Standing Committee had  also recommended increase in threshold from 100 workers to 300 workers for seeking prior permission for retrenchment, lay-off and closure.  It is only the aspect of prior permission of the appropriate Government which has been removed and other benefits and workers’ rights have been kept intact. The workers’ rights such as notice before retrenchment, compensation at the rate of 15 days wages per completed year of service and pay in lieu of notice period has not been compromised.  Further, the IR Code envisages an additional monetary benefit equivalent to 15 days of wages under newly created Reskilling Fund. There has been no empirical evidence to suggest that higher threshold promotes hire and fire.  

The Ministry also said that the Economic Survey, 2019 has analyzed about the pain of dwarfism prevalent in Indian firms.  Dwarfism refers to firms which are surviving for more than 10 years but their growth in terms of employment is stunted.  One of the inhibiting factors in creation of employment was observed to be the threshold of 100 workers under the Industrial Disputes Act, 1947. It was observed that threshold under Labour legislation creates perverse incentive to remain small. The State of Rajasthan in 2014 had increased the threshold from 100 to 300 workers and done away with the requirement of prior permission before retrenchment etc., in case of firms having less than 300 workers. The impact of increase in threshold in the state of Rajasthan, showed that average number of factories in Rajasthan having more than 100 increased significantly as compared to the rest of India.  The total output in those factories also increased.  15 more States have already enhanced threshold to 300 workers.

It further said that following the example of Rajasthan, Sixteen States, including Rajasthan, had already increased threshold under the ID Act from 100 workers to 300 workers, before passing of IR Code.  These States include, AP, Arunachal Pradesh, Assam, Bihar, Goa, Gujarat, Haryana, HP, Jharkhand, Karnataka, MP,  Meghalaya, Odisha, requirement of permission before retrenchment or closure does not serve much purpose but at the same time leads to accumulation of losses and liabilities of the firm on the verge of closure.

Even in the existing ID Act, 1947, the requirement of permission was only in respect of factory, mines and plantation.  The requirement of prior permission does not apply in any other sector.  

​Refuting rumours that Fixed Term Employment introduces hire and fire, Ministry said that Fixed Term Employment has already been notified by Central Government and 14 other States. These States include Assam, Bihar, Goa, Gujarat, Haryana, Himachal Pradesh, Jharkhand (apparel and made up) Karnataka, MP,  Odisha, Punjab, Rajasthan, UP (textile and EOU), and Uttarakhand. 

​Non-availability of fixed-term employment implied that an employer had options to either employ on regular basis or through contractual basis.  The employment of workers through contractual basis means higher transaction cost to employer, lack of permanence of contract labour, untrained, unskilled contract labour.  It also lacked committed and long-term relationship between employer and contract labour, as there are on ground two employers, i.e., contractor and principal employer. 

The Ministry emohasised that Fixed Term Employment is pro-worker. It would be possible for an employer to enter into fixed term contract directly with the worker or the employee rather than going through contractor. There have been allegations that the contractors charges full amount in terms of minimum wage and other entitled benefits like EPF, ESIC but do not pass the same to the contract labour.  

Union Labour Ministry also said that a fixed term employee has been made statutorily entitled for all benefits and service conditions equivalent to that of a regular employee. In fact the code on Industrial Relations also extends benefit of gratuity even for an FTE contract on Pro-rata basis which is five years in case of regular employee.

Talking about definition of Inter-State Migrant worker, the Inter-State Migrant Worker Act, 1979 has been subsumed in OSH Code.  The various provisions of the erstwhile Act have been further strengthened in the OSH Code.

The definition of inter-state migrant worker was very restrictive in the Inter-state Migrant Worker Act, 1979.   It provided that a person who is recruited through a contractor in one state for employment in another state, to be an ‘Inter-state Migrant Worker’. The OSH Code expands the definition of migrant worker to include those workers who would be directly employed by the employer besides by contractor.  Further, it has also been made possible that a migrant, who comes on his own, in the destination State, can declare himself a migrant worker by registering on an electronic portal on the basis of self-declaration seeded with Aaadhar.  The registration on portal has been made simple and there is no requirement of any other document except Aaadhar.  

The Ministry in this regard has also taken steps to develop a national data base to enrol unorganised workers including migrants, which will inter-alia help migrant workers  get jobs, map their skills and provide other social security benefits.  It will also help in better policy formulation for unorganised sector workers, in general.

A statutory provision for helpline for migrant workers has also been made.

The migrant workers will also be able to enjoy the benefits of portability in respect of ration and avail benefits from building and other construction cess. They will also get all other benefits of ESIC, EPFO and annual medical check-up etc.

Criticism of provision for allowing night shifts for women, Union Labour said is patently wring as OSH Code entitles gender equality in the New India. The Code envisages that women shall be entitled to be employed in all establishments for all types of work and they may be employed during night also.  However, sufficient safeguards for employing women at night have been provided. The consent of the women for employing them at night has been made mandatory. Further, the appropriate government shall prescribe conditions for safety, holidays and working hours or other conditions before permitting women to work at night.

Ministry also said that for the Rights for Working Journalists provisions have been made to strengthen the same. These include expansion of definition Working Journalist to include Journalists working in electronic and digital media and allowing Earned Leave for “working journalist” on full wages equivalent to not less than one eleventh of the period of service. The leave can be accumulated and accumulated leave can be encashed or availed.

It further said existing provisions for welfare of working journalists retained. The definition of Inter-State Migrant worker is same in the Social Security Code and the OSH Code. Rules drafted under Code on Wages provide for constitution of a technical committee for Working Journalist for fixing the minimum wages under the Code for the working journalist as defined in clause (f) of Section 2 of the Working Journalist and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955.

Further, Under Social Security Code, the eligibility for gratuity for working journalist has not been retained but the eligibility period has been improved to three years of service instead of five years for others.

The Ministry has also said that new Welfare provisions have been  introduced in the OSH Code –

(1)​​For establishment carrying on hazardous and life threatening occupations, the Government can notify coverage even on establishment having workers less than the threshold.  

(2)​​ ESIC has been extended to plantation workers.  

(3) ​​Appointment letter has been made mandatory.

(4) ​​Free annual health checkup has been introduced.

(5)​​Bipartite safety committee has been introduced for establishments in factory, mines and plantation in place of hazardous factories.  

(6)​​ Activities of the plantation worker dealing with like insecticides, pesticides have been included as hazardous processes.

(7)​​Strengthening of provisions relating to inter-state migrant worker and including provision of annual journey allowance to visit home-town.

The Ministry has also said that the position of Trade Unions has been strengthened by introducing decentralised registration process. Ministry has dubbed apprehensions regarding 14 day notice period as totally misfounded. It has said that it only adds an opportunity for resolving the labour grievance before going on strike mandating establishments to attempt solving the issues.

*****

SCHEME FOR COMPASSIONATE APPOINTMENT-RELATIVE MERIT POINTS AND PROCEDURE FOR SELECTION

 SCHEME FOR COMPASSIONATE APPOINTMENT-RELATIVE MERIT POINTS AND PROCEDURE FOR SELECTION (Click the link below to view)

 http://utilities.cept.gov.in/dop/pdfbind.ashx?id=4796

                          **************************************

 NOTIFICATION FOR LIMITED DEPARTMENTAL COMPETITIVE EXAMINATION (LDCE) FOR PROMOTION TO THE CADRE OF P.S. GROUP'B' FOR THE VACANCIES OF THE YEAR 2017-18, 2018, 2019 AND 2020  (Click the link below to view)

http://utilities.cept.gov.in/dop/pdfbind.ashx?id=4799

 

CONFEDERATION NATIONAL EXECUTIVE COMMITTEE MEETING DECIDED TO INTENSIFY THE STRUGGLE FOR SETTLEMENT OF 12 POINT CHARTER OF DEMANDS OF CENTRAL GOVT EMPLOYEES.

 

MONDAY, SEPTEMBER 28, 2020

 

DATED 28.09.2020

CIRCULAR

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CONFEDERATION NATIONAL EXECUTIVE COMMITTEE MEETING DECIDED TO INTENSIFY THE STRUGGLE FOR SETTLEMENT OF 12 POINT CHARTER OF DEMANDS OF CENTRAL GOVT EMPLOYEES. 

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ORGANISE PROTEST DHARNAS AT ALL DISTRICT HEADQUARTERS AND STATE HEADQUARTERS (OBSERVING COVID PROTOCOL)

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6th November 2020 -- Friday -- Dharna at all District Headquarters and in front of all major offices.

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10th December 2020 -- Thursday  -- Dharna at all State Headquarters. 

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Start preperations now onwards and ensure that the programme is organized at all centres.

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Dear Comrades,

As already notified, the National Executive Committee meeting of Confederation of Central Govt Employees and Workers was held on 26.09.2020 (online video Conference) under the Presidentship.of Com K.K.N.Kutty , National Vice President. 

The meeting commenced after paying respectful homage to all departed leaders , especially Coms : M.S.Raja , R.seetha Lakshmi , S.S.Roy , R.Sivannarayana and Com Mani Achari. Two minutes silence was observed. 

Com R.N.Parashar , Secretary General , Confederation presented a brief report on all the agenda items. Thereafter discussion took place.  The following are the important decisions. 

Agenda No.1 --- Review of the 26th National Conference of Confederation held at Nagpur on 7th & 8th February 2020.

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Conference was well organised and arrangements made were excellent. About 36 affiliates and 13 State Coordination Committees (COCs) participated. 238 delegates and 43 Visitors attended. (Male 263 and Female 18).Conference was jointly inaugurated by Com Tapan Sen (General Secretary , CITU) and Com Amarjeet Kaur (General Secretary , AITUC).46 delegates participated in the discussion -- 33 from affiliated organisations and 13 from State COCs. Election of office bearers was unanimous.  Com Ravindran B Nair (ITEF) , Com Tapas Bose ( Audit) , Com R.N.Parashar (NFPE) , Com S.B.Yadav (Postal Accounts - AIPAEA) are elected as President , Working President , Secretary General and Financial Secretary respectively.The National Executive congratulated the COC Vidarbha Region Nagpur for making best arrangements for the successful conducting of the 26th National Conference. 

Agenda No.2 --- Approval of the Accounts of the Confederation prepared by the five member office bearers Committee constituted by National Secretariat. 

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As Financial Secretary has neither attended the Conference nor prepared  and submitted the Audited Accounts for the period from 01.04.2016 to 31.03.2019 , the Audited Accounts could not be presented in the Conference. However he has prepared and emailed an unaudited Accounts for the above period to the then President on 07.02.2020 which was not presented in the house as it was unaudited.  As decided in the National Conference , the National Secretariat meeting held on 28.06.2020 has constituted a five member office bearers Committee , consisting of  President , Secretary General , Financial Secretary , Ex- President and Ex - Secretary General to verify the Accounts with available documents and submit it for approval of the National Executive Committee. Accordingly the Accounts for the period from 01.04.2016 to 31.03.2019 , prepared by the five members committee was circulated among all National Executive Committee members , well in advance and the same was also presented before the National Executive Committee for discussion and approval. The National Executive Committee after detailed discussion approved and passed the Accounts for the period from 01.04.2016 to 31.03.2019.

Agenda No.3 --- Approval of Revised Charter of demands and future course of action. 

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The National Executive Committee meeting approved the revised Charter of demands (copy enclosed as Annexure - 1 of this circular)  and decided to organise following agitational programmes , strictly observing Covid protocol. 

6th November 2020 Friday 

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Dharna at all District Headquarters and in front of all major offices. 

10th December 2020 -- Thursday. 

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Dharna at all State Headquarters. 

 

Further course of action will be decided by the National Secretariat meeting to be held in December 2020.

Agenda No.4 --- Attack on recognised status of Associations/ Unions and Federations.

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The representatives of NFPE and ITEF reported that they have received certain communications from their Departmental heads regarding their recognised status and they are trying to settle it through negotiations with the concerned authorities.  Regarding non-granting or delay in granting recognition to certain affiliated organisations of Confederation , the Federal Executive decided to take up with the concerned authorities and  also through Secretary (staffside) JCM National Council. 

Agenda No.5 -- Organisational matters of affiliates of Confederation and functioning during Covid -19 days.

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Secretary General reported that the following calls given by Confederation for organising demonstrations, dharna etc was implemented in all centres, but the participation was less due to Covid restrictions. 

1. 1st May 2020 -- Protest demonstrations against DA/DR freezing.

2. 22nd May 2020 -- Protest demonstrations on Charter of demands and Corona related issues.

3. 3rd July 2020 -- Central Trade Unions programme against various attacks on working class.

4. 9th August 2020 -- Central Trade Unions programme and protest against compulsory retirement orders.

5. 9th September 2020 -- Central Trade Unions programme. 

6. 23rd September 2020 -- Central Trade Unions programme. 

Some of the NE members reported CGHS related and Covid related issues which will be taken up with concerned Ministries / Departments. In some states like Kerala and West Bengal , the state COCs had organised their own state level programmes including webinars.

Agenda No.6 --- Participation of Central Govt Employees in the action programmes chalked out by the Central Trade Unions. 

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Secretary General reported that all the action programmes of Central Trade Unions are implemented in the Central Government Employees sector as mentioed in Agenda No.5. However participation of Employees were less due to Covid restrictions. 

The meeting concluded with vote of thanks. 

                                                                                    Fraternally yours   

                                                                                       (R.N.Parashar )

                                                                                   Secretary General 

Annexure-I 

CHARTER OF DEMANDS

1.      Scrap New Contributory Pension Scheme (NPS).  Restore old defined benefit Pension Scheme (OPS) to all employees.  Guarantee 50% of the last pay drawn as minimum pension.

2.      (a)     Scrap the draconian FR 56((j) & (i) and Rule 48 of CCS (Pension) Rules 1972.  Stop terrorizing and victimising employees.

        (b)     Withdraw the attack against the recognised status of Associations and Federations.

          (c)     Withdraw the anti-worker Wage/Labour codes and other anti-labour reforms.

          (d)     Stop attack on trade union rights.

3.      (a)     Withdraw the orders freezing the DA and DR of employees and Pensioners and impounding of arrears till 30-06-2021.

          (b)     Implement five year wage revision and Pension revision to Central Government employees and Pensioners.  Appoint 8th Central Pay Commission and revise the Pay, Allowances and Pensionary benefits of Central Government employees and Pensioners with effect from 01-01-2021.

          (c)     Honour the assurance given by Group of Ministers (GoM) to NJCA leaders on 30-06-2016.  Increase minimum pay and fitment formula recommended by 7th CPC.  Grant HRA arrears from 01-01-2016.

          (d)     Withdraw “Very Good” bench mark for MACP, grant promotional heirarchy and date of effect of MACP from 01-01-2006.

          (e)     Grant Option-1 parity recommended by 7th CPC to all Central Govt. Pensioners.  Grant one notional increment to those who retired on 30th June.

          (f)      Settle all anomalies arising out of 7th CPC implementation.

4.      Stop ban on creation  of new posts.  Fill up all seven lakhs vacant  posts in Central Government departments in a time bound manner.  Scrap National Recruitment Agency and introduce Departmentwise recruitment and Regional recruitment for Group B and C posts.  Stop re-engaging retired personnel in Central Govt. services.

5.      Stop Corporatisation and privatisation of Railways, Defence and Postal Departments.  Withdraw closure/merger orders of Govt. of India Printing Presses and Postal Stores depots/Postal Stamp depots.  Stop proposed move to close down salt department.  Stop outsourcing and closure of Govt. establishments.

6.      (a)     Regularisation of Gramin Dak Sevaks and grant of Civil Servants status.   Implement remaining positive recommendations of Kamalesh Chandra Committee Report.

          (b)     Regularise all casual and contract workers including those joined service on or after 01-09-1993.

7.      Settle all Covid-9 related issues pertaining to Central Govt. employees and Pensioners on top priority basis.  Treat the  period of absence during lock down as duty.  Grant full wages to casual, part-time, contingent and contract workers during the lock down period.

8.      Grant equal pay for equal work for all.  Remove disparity in pay scales between Central Secretariat staff and similarly placed staff working in field units of various departments.

9.      Implement 7th CPC wage revision and pension revision to remaining Auton omous body employees and pensioners.  Ensure payment of full arrears without further delay.  Grant Bonus to Autonomous body employees pending from 2016-17 onwards.

10.    Remove arbitrary 5% ceiling imposed on compassionate appointments.  Grant appointment in all eligible cases.

11.    Grant five time-bound promotions to all Group B & C employees.  Complete cadre review in all departments in a time bound manner. 

12.    Ensure prompt functioning of various negotiating forums under the JCM Scheme at all levels.

 

Cop to:

1. All office bearers (National Secretariat members). 2. All Affiliated organisations.

 3. All COCs