On Implementation of 45th ILC recommendations on Scheme Workers

 Shri Bhupender Yadav

Hounourable Minister for Labour and Employment

Government of India

Shram Shakti Bhawan

New Delhi 110 001

Sub:- On Implementation of 45^th ILC recommendations on Scheme Workers, the Supreme Court Judgment on Payment of Gratuity to the Anganwadi Workers and Helpers;  Issues of Women Workers etc

Dear Sir,

Thank you for arranging a meeting with the Joint Secretary for a discussion on the issues of Anganwadi and ASHA workers. As we could understand from the invitees list, this is a meeting limited to a few trade unions only.  

As per the media reports, your ministry is organizing a ‘National Labour Conference’ of Labour Ministers and Secretaries of States and UTs on 25-26 August 2022 in Tirupati. It is reported that the agenda includes gender equality and better job opportunities for women, improving the labour participation, women friendly workplaces etc. We wonder why the issues of scheme workers and their rights as workers and the plan for improving their working conditions did not find a place in the agenda. We hope that you will definitely take up the issues of scheme workers as well as other crucial issues of women’s unpaid work especially in the care economy, workplace safety, maternity and childcare, equal remuneration, minimum wages, pension and social security of all workers including the women workers in GIG economy etc. in this conference and take concrete measures and ensure adequate financial allocations for the implementation.

First of all, we would like to bring into your notice that there are nearly one crore ‘scheme workers’ including the Anganwadi and ASHA workers working under various central government schemes – MDMS, NCLP, NRLM, SSA etc, majority of whom are women are being denied legal entitlements for minimum wages and social security as the government refuses to recognize them as workers. CITU and other central trade unions have been continuously raising the issues of these workers who have been denied justice.

We hope that, as you have promised during the International Labour Conference at Geneva, you will be meeting all the central trade union representatives to discuss this important issue.

As you well aware, the 45^th Indian Labour Conference discussed the working conditions of the ‘Scheme Workers’ – anganwadi, ASHA, Mid Day Meal workers NCLP workers and others, as early in 2013 and made the consensus recommendations that they should be recognized as workers, paid minimum wages, pension and social security including PF and ESI. (Copy Enclosed). As you are aware, the 46^th ILC meeting held in 2015 has reiterated the recommendations of the 45^th ILC. These workers are not covered under any labour law.

It is very unfortunate that for the last 7 years no ILC meetings were held and no action taken report was prepared by the ministry yet. We request you to take immediate measurers to implement the 45^th ILC recommendations.

Anganwadi Workers, Helpers and Mini Workers

There are nearly 27 lakhs anganwadi workers, helpers and mini workers working under the ICDS Scheme under WCD Ministry. The Government of India decides the terms and conditions of their appointment, working hours and assignments etc. They are paid by the Government of India a montly remuneration called ‘honorarium’ of Rs.4500 per month, Rs.2250per month and Rs.3500 per month since 2018, which is far below the minimum wages. Although they are doing the same work in different states, their pay is different from state to state.

We would like to bring to your notice the recent judgment by the Supreme Court of India on ‘Maniben Maganbhai Bhariya Vs District Development Officer Dahod’ case dated 25 April 2022 in which CITU affiliated Gujarat Anganwadi Karmachari Sanghatana was a complainant. In the order Supreme Court had clarified that the anganwadi workers and helpers are entitled to Gratuity with retrospective effect under the payment of gratuity act 1972. The Court has clarified that the anganwadi workers and helpers cannot be treated as part time or ‘voluntary’ workers. Rejecting the arguments of the Governments the court said that the so called ‘honorarium’ must be considered as wages and anganwadi centres must be treated as ‘institutions’. The Supreme Court has also directed the Central and state governments to ‘find modalities for providing better service conditions’ to the anganwadi workers and helpers.

Supreme Court has declined to accept the arguments put forward by the Governments by which it has been denying the legal rights of the anganwadi workers and helpers so far. In this background it is all the more important that the Labour Ministry take the initiative to implement this Supreme Court order.

ASHA Workers and Faciltators

As you are aware, one million ASHA workers and facilitators are the backbone of the public health services taking it to the doorsteps of the working people of our country working under national health Mission under the ministry of Health and Family Welfare. ASHA workers were selected for the Global Health Leaders’ award by the World Health Organisation (WHO) for their work during the pandemic.

They are paid a pittance of Rs.2000 per month for fixed assignments and the rest as piece rate on the basis of the performance and targets. After 2018, neither this was increased nor have the incentives for various services been revised, in spite of the skyrocketing price rise. They work for 12-16 hours especially after the outbreak of Covid pandemic, in very unsafe working conditions. They are not even entitled to maternity leave!

Mid Day Meal Workers

There are nearly 26 lakhs Mid Day Meal workers (Cook cum helpers) working under School Mid Day Meal Scheme in Department of Elementary Education under the Ministry of HRD. They are paid Rs.1000 per month that too for only ten months a year since 2010! The written assurance by the HRD ministry in the 45^th ILC back in 2013, that the wages of Mid Day Meal Workers will be increased in the next two years has not yet been implemented.

There are hundreds of cases of mid day meal workers getting seriously burnt at workplace, but there is no provision for ensuring their safety or any medical benefit for them. The Allahabad High Court has ordered the government to pay minimum wages to the mid day meal workers. It is yet to be implemented.

Other Scheme Workers

There are teachers working under National Child Labour Project under your ministry who have been retrenched as the ministry has abruptly wound up the scheme.

Thousands are working as para-teachers under the Samagra Shiksha Abhiyan, National Rural Livelihood Mission and varios other schemes

None of these workers have any job security or social security benefits.

Freedom of Association and collective bargaining

The scheme workers, especially the anganwadi and ASHA workers are denied the basic rights of Freedom of Association and collective bargaining. They are being illegally terminated for participating in trade union activities. At present The Government of Delhi has imposed ESMA on anganwadi workers and helpers. 975 workers and helpers in Haryana and 991 workers and helpers in Delhi are illegally retrenched for participating in strike.

There is no bi/tripartite mechanism for resolving their grievances or revising their payments and working conditions.

As the Supreme Court also has pointed out the importance of these schemes for the people and the country and acknowledged the services of the workers as ‘work’ we urge upon you and the Ministry of Labour to ensure that the Supreme Court order as well as the recommendations of the 45^th ILC is implemented in letter and spirt at the earliest.

We request you to take appropriate measures to

1. Issue relevant directions to the concerned ministries for the implementation of the recommendations of the 45^th ILC on a. recognisiton as workers, b. pay minimum wages, c. ensure social security including ESI and PF and pension
2. Immediately call a tripartite review meeting on the recommendations of the 45^th ILC in the background of the Supreme Court Order.
3. Issue relevant directions to the concerned Ministries and states to ensure mechanism to resolve the grievances of the scheme workers and revise their wages and social security periodically.
4. Issue relevant directions to the concerned Ministries and states for the immediate implementation of the SC Judgment on payment of Gratuity with retrospective effect to the anganwadi workers and helpers and improving their working conditions
5. Immediately intervene in the issue of illegal mass scale termination of anganwadi workers and helpers in Haryana and Delhi for participating in strikes to reinstate them. Issue relevant directions to ensure freedom of association and collective bargaining rights of scheme workers.
6. Ensure risk allowance and compensation to the frontline scheme workers for Covid-19 duty.
7. Ensure workplace safety for all scheme workers.
8. Compulsory implementation of the maternity benefit act in all sectors including ASHA and MDM workers

With Greetings,

Yours sincerely,

A R Sindhu

 Secretary

Copy to :- Ms Vibha Bhalla, Joint Secretary, Ministry of Labour and Employment

Government of India

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