Workers' Participation Committee: An Essential Discussion
Workers' Participation Committee is essential in a production-oriented company. We can discuss this. Would you please discuss the following points with those who are experienced and well-versed in this subject? I believe it will be helpful for many of us. The subject may include (but is not limited to):
1. Worker committee policy and procedures
2. What are its functions?
3. How can it be formed, or what is the formation procedure?
4. What are the eligibility criteria for members?
5. How will the committee operate?
6. What documentation needs to be maintained?
Thanks,
E. Kumaresan
From India, Chennai
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3Workers' Participation Committee is essential in a production-oriented company. We can discuss this. Would you please discuss the following points with those who are experienced and well-versed in this subject? I believe it will be helpful for many of us. The subject may include (but is not limited to):
1. Worker committee policy and procedures
2. What are its functions?
3. How can it be formed, or what is the formation procedure?
4. What are the eligibility criteria for members?
5. How will the committee operate?
6. What documentation needs to be maintained?
Thanks,
E. Kumaresan
From India, Chennai
Acknowledge(3)Amend(0)
Chapter 2 under Article 3 of the Industrial Disputes Act 1947: Works Committee
Works Committee: In the case of any industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months, the appropriate Government may prescribe, in a manner, a Works Committee consisting of representatives of employers and workmen engaged in the establishment. However, the number of representatives of workmen on the Committee shall not be less than the number of representatives of the employer. The representatives of the workmen shall be chosen in the prescribed manner from among the workmen engaged in the establishment and in consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926 (XVI of 1926).
It shall be the duty of the Works Committee to promote measures for securing and preserving amity and good relations between the employer and workmen. To that end, the Committee should comment upon matters of their common interest or concern and endeavor to resolve any significant differences of opinion regarding such matters.
From India, Kakinada
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Works Committee: In the case of any industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months, the appropriate Government may prescribe, in a manner, a Works Committee consisting of representatives of employers and workmen engaged in the establishment. However, the number of representatives of workmen on the Committee shall not be less than the number of representatives of the employer. The representatives of the workmen shall be chosen in the prescribed manner from among the workmen engaged in the establishment and in consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926 (XVI of 1926).
It shall be the duty of the Works Committee to promote measures for securing and preserving amity and good relations between the employer and workmen. To that end, the Committee should comment upon matters of their common interest or concern and endeavor to resolve any significant differences of opinion regarding such matters.
From India, Kakinada
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Clarification on Works Committee Formation and Functions
Sh Rajesh Kantubhukta has briefly mentioned the formation of the Works Committee and its functions. I would like to correct him that it is formed under Section 3 and NOT under Article 3 of the Industrial Disputes Act 1947. I would like to answer your queries in seriatim as under:
1. Worker Committee Procedure of Policy - The Works Committee is not formed under any policy of a production-oriented company; rather, it is a statutory requirement under Section 3 of the Industrial Disputes Act 1947, where one hundred or more workmen are employed or have been employed on any day in the preceding twelve months. As such, it is obligatory on the part of the employer.
2. What is its Function? - The duty of the Works Committee shall be:
(i) To promote measures for securing and preserving amenity and good relations between the employer and workmen.
(ii) To comment upon matters of their common interest or concern.
(iii) To endeavour to compose any material difference of opinion on matters of common interest.
3. How Can it Be Formed or Formation Procedure? - All the states have framed their rules based on the Industrial Disputes Act 1947. As such, you need to refer to the state rules where your company is located. For instance, Rules 38 to 57 of Chapter VII of the Industrial Disputes (Central) Rules, 1957 deal with the complete procedure of its formation in respect of establishments where the Central Government is the appropriate authority.
4. What are the Eligibility Criteria for Members? - You need to refer to the state rules. However, the Industrial Disputes (Central) Rules, 1957 provide that:
(i) Any workman of not less than 19 years of age and with a service of not less than one year in the establishment may, if nominated as provided in these rules, be a candidate for election as a representative of the workmen on the committee.
(ii) All workmen who are not less than 18 years of age and who have put in not less than 6 months' continuous service in the establishment shall be entitled to vote in the election of the representative of workmen.
5. How the Committee Will Work - The Works Committee shall, at its first meeting, regulate its own procedure. It shall meet as often as necessary but not less often than once in three months. The representative of the workmen shall be deemed to be on duty while attending the meeting. The employer shall provide accommodation for holding meetings of the Committee. He shall also provide all necessary facilities to the Committee and its members for carrying out the work of the Committee. The functions of the Works Committee have already been mentioned in para 2 above.
6. What Documentation Needs to be Maintained? - The employer shall submit half-yearly returns in Form G-1 in triplicate to the concerned ALC (Central) by the 20th of the month following the half-year.
Regards,
BS Kalsi
From India, Mumbai
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Sh Rajesh Kantubhukta has briefly mentioned the formation of the Works Committee and its functions. I would like to correct him that it is formed under Section 3 and NOT under Article 3 of the Industrial Disputes Act 1947. I would like to answer your queries in seriatim as under:
1. Worker Committee Procedure of Policy - The Works Committee is not formed under any policy of a production-oriented company; rather, it is a statutory requirement under Section 3 of the Industrial Disputes Act 1947, where one hundred or more workmen are employed or have been employed on any day in the preceding twelve months. As such, it is obligatory on the part of the employer.
2. What is its Function? - The duty of the Works Committee shall be:
(i) To promote measures for securing and preserving amenity and good relations between the employer and workmen.
(ii) To comment upon matters of their common interest or concern.
(iii) To endeavour to compose any material difference of opinion on matters of common interest.
3. How Can it Be Formed or Formation Procedure? - All the states have framed their rules based on the Industrial Disputes Act 1947. As such, you need to refer to the state rules where your company is located. For instance, Rules 38 to 57 of Chapter VII of the Industrial Disputes (Central) Rules, 1957 deal with the complete procedure of its formation in respect of establishments where the Central Government is the appropriate authority.
4. What are the Eligibility Criteria for Members? - You need to refer to the state rules. However, the Industrial Disputes (Central) Rules, 1957 provide that:
(i) Any workman of not less than 19 years of age and with a service of not less than one year in the establishment may, if nominated as provided in these rules, be a candidate for election as a representative of the workmen on the committee.
(ii) All workmen who are not less than 18 years of age and who have put in not less than 6 months' continuous service in the establishment shall be entitled to vote in the election of the representative of workmen.
5. How the Committee Will Work - The Works Committee shall, at its first meeting, regulate its own procedure. It shall meet as often as necessary but not less often than once in three months. The representative of the workmen shall be deemed to be on duty while attending the meeting. The employer shall provide accommodation for holding meetings of the Committee. He shall also provide all necessary facilities to the Committee and its members for carrying out the work of the Committee. The functions of the Works Committee have already been mentioned in para 2 above.
6. What Documentation Needs to be Maintained? - The employer shall submit half-yearly returns in Form G-1 in triplicate to the concerned ALC (Central) by the 20th of the month following the half-year.
Regards,
BS Kalsi
From India, Mumbai
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