Markets for Efficiency and Inclusion

Open, integrated, and well-regulated markets for land, labor, and capital and for goods and services are essential for growth, inclusion, and sustainability. We have many sectors were markets are non-existent or incomplete, especially those which are dominated by public provisioning. How do we create or improve markets in all sectors?

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What labor laws need to be reformed first? The Industrial Disputes Act? The Contract Act? The Shops and Establishment Act? a) What other labor reforms are needed to promote an flexible and productive labour market.

Postby chanana.ak@nic.in » Thu Feb 10, 2011 12:37 pm

What labor laws need to be reformed first?
The Industrial Disputes Act?
The Contract Act?
The Shops and Establishment Act?
a) What other labor reforms are needed to promote an flexible and productive labour market.
chanana.ak@nic.in
 
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Re: What labor laws need to be reformed first? The Industrial Disputes Act? The Contract Act? The Shops and Establishment Act? a) What other labor reforms are needed to promote an flexible and productive labour market.

Postby arun.ibfan@gmail.com » Mon Feb 28, 2011 11:25 am

Minimum Wages Act Needs to amended to be inclusive

Currently Minimum Wages Act needs to be inclusive for example it does not include employees of the Group Housing Societies, and the poor workers lost a case with Labour Authorities after 2 years of fighting because they said, it does not figure in the list of employments under the Act.( Incidentally I was there representative ) Each state has its own list also. Some action needed to be taken to include ALL workers .

Dr Arun Gupta MD
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Re: What labor laws need to be reformed first? The Industrial Disputes Act? The Contract Act? The Shops and Establishment Act? a) What other labor reforms are needed to promote an flexible and productive labour market.

Postby manish_331hbti@yahoo.co.in » Thu Mar 10, 2011 8:08 pm

If planning commission realy want to change any law, please change the law related to higher officials who are involved in corrupt practices; please allocate special funds for the speedy trial of the corrupt officials, who distorts any type of law no matter how good it is.
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Re: What labor laws need to be reformed first? The Industrial Disputes Act? The Contract Act? The Shops and Establishment Act? a) What other labor reforms are needed to promote an flexible and productive labour market.

Postby dkjain49709@rediffmail.com » Tue Mar 15, 2011 1:15 am

How many years of service is enough for bank management to assess and judge the potential, character, knowledge, capability, capacity, attitude, managerial skill, innovative skills, creative ideas, ,initiative, willingness, honesty and integrity etc of an officer for giving promotion to him from one grade to another grade, or from one scale to other?
10 years, 20 years, 30 years or more?
Educational qualification of a staff, record of performance during preceding years and his capacity to satisfy customers is already tested by management during his posting at various branches and offices. What else is then required to be tested by Interview panel to judge whether one staff is suitable for promotion or not?

Quality of an officer is already tested by bank management in span of more than 10 years and even thirty years of service and hence it is foolish to expect from members of Interview panel that during one to three minute interaction with the candidate in Interview process they will be able to extract something additional from the candidate.

Obviously Interview process is used to reject good officers and select officers who may be bad performer but who are the choice of members of Interview panel constituted for promotion process. Officers who are flatterer and who earn bribe and honestly share with their bosses or who is choice of some VIPs can be selected in preference to really good performers only by using weapons of rejection handed over to members of Interview panel.

If 10 to 30 years of service is not adequate to estimate the suitability of an officer for promotion to higher scale I think officers who judge and who are supposed to decide the suitability of an officer for promotion to higher grade or higher scale are incompetent and of doubtful integrity. Obviously such officers should be shown the exit door first.

On the contrary if an officer is not fit for promotion to higher scale even after 10 to 30 years of his service, such incompetent officers should be removed from service or given CRS.Only stopping of annual increment is not enough to penalize such non performers.

It is worthwhile to mention here that officers who work sincerely but not found fit for promotion either by corrupt member of Interview panel in interview process or due to biased rating in Annual appraisal reports are given assignment of higher responsibility by bank management. Such senior officers perform the best but they are not given even annual increment. They are kept in stagnation for three years irrespective of their performance. Juniors who do not perform are getting increment every year without any hindrances whereas seniors who perform better are denied even annual increment. It is justified or not only God knows.

But if an officer has to pass through ordeal of interview for getting promotion to higher grade scale does not seem justified from any angle of consideration. Interview and appraisal system in banking industry prevalent for promotion is totally unjustified, illogical and ill motivated. Such unwarranted processes give enough scope for injustice. Such Interviews are nothing but paves the way for arbitrary promotion to person who are not good for the health of the bank.

This is worthwhile to state that officers who are selected for promotion are invariably found to be guilty of causing loss to bank in subsequent years. It astonishes that officers of negligent and fraudulent character, officers who are charged with various lapses and against whom disciplinary action has been initiated, are selected in faulty promotion processes prevalent in banking industry and conducted by greedy and corrupt senior officers. This is why bad officers are posted as Branch head who do not know how to deal with customers and how to protect the interest of the bank. As a result NPA is increasing year after year in Public sector banks and the government is silent spectator of mischievous acts of top ranked officers.

CBI is more often than not asked to investigate into fraud or any matter related to loss of money to bank or any other office, but I am of strong opinion that CBI investigation should be conducted into all recruitment and promotion processes which are taking place and which took place during last 10 to 30 years. This can only reveal the ongoing corrupt and unhealthy practices in the system which leads in unhealthy practices and rise in corruption. Permanent Solution to this cancerous disease of bribe or flattery oriented recruitment, posting, promotion in government offices can only pave the way for real reformation in banking industry in particular and government department in general.
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Re: What labor laws need to be reformed first? The Industrial Disputes Act? The Contract Act? The Shops and Establishment Act? a) What other labor reforms are needed to promote an flexible and productive labour market.

Postby sss@sdlindia.com » Tue Mar 22, 2011 6:23 am

As mentioned above it should be possible for an employer to sack an employee for dishonesty, negligence and inadequate out put. Whatever laws that prevent this require to be looked into.
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Re: What labor laws need to be reformed first? The Industrial Disputes Act? The Contract Act? The Shops and Establishment Act? a) What other labor reforms are needed to promote an flexible and productive labour market.

Postby dkjain49709@rediffmail.com » Sat May 28, 2011 12:46 pm

When CMD, ED and most of General Managers and Dy GMs are corrupt, every manipulation to project bank's false image is possible. Such bad officials who hold the unrestricted and unregulated powers on lending can conceal bad accounts in several ways, they can write off or compromise with defaulting borrowers at the cost of bank’s health, or give fresh advance to stop bad accounts slipping into NPA category and what not.

When top officials are corrupt they promote corrupt juniors, post corrupt auditors, and corrupt vigilance officers to make inquiry into charges of bribery and close the chapter related to flatterers. They try to protect their subordinates who indulged in bribe led lending and who honestly share the ill earned money with their bosses. They not only protect corrupt juniors but also ensure out of turn promotion to such corrupt juniors.

Bulk financing helps in reducing Net NPA and Gross NPA ratio of a bank. But actual quantum of bad loans is increasing rapidly primarily due to bribe led lending culture prevalent in public sector banks.

To add fuel to fire bad loans worth lacs of crores of rupees have been concealed by management of bank on some plea or the other. Even RBI cleverly helps such bad officers to boost up bank’s image and to tell a success story to Ministry.

Besides RBI officials are also manipulated by extending gifts in cash or in kind. Intrinsic value of all Public sector bank is facing erosion, quantum of NPA is rising year after year and on the contrary officers who sanctioned directly or indirectly loans after taking bribe are allowed safe retirement by making a few junior officers who sign on papers as scapegoat for all evil works done by top officials through phone and verbal instructions.

It is not astonishing that advances in crores sanctioned by corrupt executives become bad in a year or two and even then controlling officials sitting at top posts close their eyes and ears because they are beneficiary of bribe which a Branch Manager receives on sanction of a credit line.

Auditors and Chartered Accountants are easily managed by offering precious gifts and by extending red carpet welcome to team of auditors so that they can treat such bad loans as standard and save corrupt officials from punitive action.

Even after large scale manipulation done by bank officials in collusion with top officials, committing fraud with CBS system and even after frequent rephasement, rescheduling and restructuring of bad advances, public sector banks have added thousands of crores of rupees in the financial year ended 31st March 2011.

Much more NPA is to be added in forthcoming quarters in 2011-12.Profit is artificially shown rising by clever team of top officials but actual profitability of banks is going down year after year due to continuous rise in NPA.

It is worthwhile to mention here that these banks did not make adequate provision for Pension and gratuity payment to prevent banks slipping into red.

Total amount of NPA in banks is rising year after years and our Finance Minister have expressed concern for the same several times but the corrective action has not been taken at field level because they are also beneficiaries of bribe culture.

Real health of bank can improve only when CBI officials honestly assess the assets of top officials and punish them to demonstrate that evil doers are not spared. Unfortunately even CBI officials become victim of bribe and corrupt system.

This is why health of government controlled banks in general is growing weakness and there is no doubt that sooner or later they have to face either closer or merger with strong bank as usually happened in the past.

Only appropriate punishment to top ranked official working or retired who promoted bad culture in banks can help curing the cancer of corruption rampant in banks
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Re: What labor laws need to be reformed first? The Industrial Disputes Act? The Contract Act? The Shops and Establishment Act? a) What other labor reforms are needed to promote an flexible and productive labour market.

Postby praveenpoddar@yahoo.com » Mon Jun 13, 2011 4:16 pm

1) There are broadly following types of contract:

a) Works Contract

b) Supply Contract

c) Consultancy Contract

d) Services Contract

e) Employment Contract

All the above contracts including connected labour/shops act etc. should be merged in a single contract. There should be one common portion followed by separate chapter for each class of above contracts.

2) Labour should be treated as services/employment/works contract. The rights and obligations of the labour and employer should be similar to that available in the contract act with suitable safeguards for the weaker party in the contract. This safeguard can be in the form of existing labour courts and/or incorporating relevant and needed portion of ID act and other labour
laws in the modified contract act.

3) The procedure of hiring and firing labour/staff/manager should be simple and fast. Typically it should not take more than one month. To protect the fired person and his family from financial hardships, there is need to establish strong and enhanced social security which should provide minimum requirement of food, education, clothing, shelter and bare minimum personal expenses.

4) There should be computerised database of demand for particular type of skills and corresponding supply in the market on national level so that a person can get second employment easily. The database should also maintain record of grading of skills/expertise on a five star rating plan derived from the performance report of the person. Person having higher rating should be able to get job faster, at desired location and at higher salary. The database should begin immediately after a person leaves the regular education system and is available for employment in the market. Both the potential employer and the job aspirant should have access to data base.
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Re: What labor laws need to be reformed first? The Industrial Disputes Act? The Contract Act? The Shops and Establishment Act? a) What other labor reforms are needed to promote an flexible and productive labour market.

Postby info@fairweld.com » Wed Jul 27, 2011 10:34 am

Minimum wages should not be decided by the type of industry but it should be based on the area, where the job is.

ESIC hospitals should be made available at each district headquarter and the medical services should also be made available through chains of private hospitals in the country.

Employers should be made free to insure their employees through ESIC or any private player.

All labour laws should be merged in one labour act on the lines of Income tax act.

One single periodic return be prepared for the compliance of all labour laws for better compliance by small employers.
Naveen Jain
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