Orientation to the CCC for NGOs and Trade Unions
Tirunelveli, 22nd of February 2003

In Tamil Nadu, 60% of the garment/ textile industry doesn't have trade unions. Workers are not aware of their rights. There are many flaws in the Second Labour Commission, which suppress workers' rights and undermine the standard of living.

  To register a trade union you need 10% of the employees or 100 workers, whichever is     more. The membership fee is deducted from the salary. The membership is valid for 4     years. In this time no membership with any other trade union is possible.

  To organize a strike one need to get the vote of 51% of the workers through a secret     ballot system but the secret ballot system is rejected to get a trade union recognized. This     shows the commission's double stand.

  To participate in negotiations one union need the support of 25% of the workers, other     wise they are denied the right to collective bargaining.

  14 days advance notice have to be given to the management for a strike but in "socially      essential services" like water and electricity supplies as well as transportation and medical     services, strikes are forbidden.

  The management has to get permission of the government for implementing lay offs,     closures or voluntary retirement schemes if there are more than 1000 workers employed.     It also needs permission to perform an legal lock out. If permission is denied, it is called an     illegal lock out.

  Per day of an illegal strike, three days wages are deducted, whereas each day of an illegal     lock out will be compensated with three days wages.

  A registered trade union will become invalid when it organizes illegal strikes and the     leaders will not be allowed to work for 3 years but there is no disqualification for     management for an illegal lock out.

Sharings of the trade unions

1/3 of India's exports come from the garment industry, in which 35 million people are employed, 95% of these in the unorganized sector. Many have lost their job due to globalization because exporters are not able to compete on the international market with high electricity costs and quality not up to standard.

There are over 300 labour laws but even after 56 years of independence workers have no right to live in dignity because political parties on state and regional level are not concerned with the welfare of their workers.
In 1993 the Mill Owner's Association of Tirunelveli, Tamil Nadu, India agreed to revise wages every 5 years. The agreement expired in 1998 but there has been no wage revision till date.

The World Trade Organization (WTO), the main body governing world trade policies, created unnecessary problems among the trading communities and employers split the unity of workers by differentiating them on caste, religion and language.

The International Labour Organization (ILO) was founded in 1919 to promote the welfare of workers. So far it has drafted 182 conventions (compulsory) and 194 recommendations (not compulsory). Although India is a member, till date it has only accepted 7 conventions (between 1951-1958) but they haven't been implemented yet!

Conventions accepted by India

Freedom of Association, Right to Organize and Collective Bargaining, Minimum Wage, Abolition of the Worst Forms of Child Labour, Abolition of Forced Labour, Equal remuneration, No Discrimination.

Activities

  Pressurize the government to protect the rights and improve the living conditions of     workers

  Raise awareness on village level to promote active participation of workers in trade union     activities