Coal: Charter of Demands by AICCTU - CMWU

[Charter of Demands Submitted by Coal Mines Workers Union (CMWU), affiliated to AICCTU, to the Ministry of Coal on 23 June 2021 for Wage Agreement in Coal Industry (NCWA-11)]

Orientation

In view of the CIL’s plan of large scale and systematic retrenchment of coal workers, we consider that a big question mark has been put before the very purpose of wage negotiation and wage agreement. Therefore, we demand that the process of privatization of coal industry and retrenchment of workers must be stopped immediately.

Representation

In view of the extreme importance of the issues to be negotiated and consider-ing the vastness as well as ever expanding feature of the industry, we demand that all the trade unions having considerable influence in various subsidiaries should be given representations either as core member or as invitee.

Scope And Coverage

The Agreement shall cover all Categories of Employees who are on the rolls of the Coal India, SCCL, IICM, TISCO, IISCO, Coal Washery, Solar Plant, Cap-tive Coal Mines and other Coal companies / Establishments (Public and Pri-vate Sector including commercial mining) and contract workers, MDO Work-ers in such companies as on 30.06.2021 and shall come into force with effect from 01.07.2021.

The Period of agreement shall be for five years w.e.f. 01.07.2021 to 30.06.2026.

Wages

1. Wage Component : Basic, VDA, SDA @17.95% of attendance bonus.

2. Attendance Bonus should be paid monthly @15% of basic wage along with other components (i.e. basic, VDA, SDA) and it will attract all the fringe benefits.

3. Minimum Guaranteed Benefit - 50% of existing wage (Basic, VDA, SDA and Attendance bonus) as on 30.06.2021 shall be given as MGB to all Coal Workers / employees of all Categories / grade in all stages.

4. Rate of Increment - Rate of annual increment shall be 6% Cumulative / Progressive of revised basic.

5. Additional Increment - The employees who are on the rolls of the company as on 01.07.2021 shall be provided one additional increment on every 5 years’ service (max 3 increments) on revised basic pay w.e.f. 01.07.2021.

6. Service Weightage Increment - As agreed in NCWA-VIII.

7. SPRA - SPRA should be paid @ 6% of revised basic (revised group wag-es + earned SPA).

8. Overtime Ceiling - There should be no ceiling on payment of overtime.

9. Minimum Basic pay shall be rounded off to Rs. 10/- in case DR workers and Rs. 100/- in case of MR workers / Employees.

10. As the principal employer CIL must ensure equality between wages and other facilities being paid to workers working under CIL/ subsidiar-ies and workers working in outsourced mines.

Compulsory Allowances

1. Dearness Allowance - 100% neutralization of DA with merger benefit over increase of 50% DA

2. U/G Allowance - 30% of revised Basic for Assam Coalfields and 25% of revised basic for all other companies / Coalfields. It should be treated as wages for all purposes.

3. Coalfield Allowance - Coalfield allowance shall be @10% of revised basic for all categories of workers.

4. Nightshift Allowances/ Additional Transport Subsidy - It shall be @5% per day of the revised basic.

5. Charge Allowance - It shall be equivalent to 08 full attendance per month as payment to the one employee working under statuary provi-sion of Mines Act/ Factory Act/ Electricity Act/ Rules.

6. Paramedical/ Nursing Allowance - Paramedical/ Nursing allowance shall be paid to all paramedical technicians and nursing staff @5% of the revised basic including sweepers working in hospitals and dispen-sary.

7. Thin Seam Allowance – Thin seam (below 1.5Mtrs) allowance shall be paid @10% of revised basic.

8. Long Distance Allowance - (For more than 1 KM Underground) Shall be paid @ 10% of revised basic.

9. Steep Gradient Allowance - It shall be paid @ 10% of the revised basic.

10. Camp Allowance - 20% of the revised basic to be paid to all workers residing/ living in camps provided by the company.

11. Rescue Allowance -Rescue allowance should be paid @ 15% of the revised wages to those who are working in rescue stations/ rooms.

12. Dust Allowance - 10% of revised basic shall be paid to all workers working in dusty area including Quarry, Washery, CHP and Crusher.

13. Special Area Allowance - 10% shall be paid to all workers in extremist affected area.

14. Washing Allowance - Shall be paid @5% of revised basic to workers who get dress as per dress manuals.

15. Transport Allowance/ Conveyance Allowance- For 2-wheelers it should be paid @10% of revised basic to all employees and for 4-wheelers @20%.

16. Radiation Allowance - Employees working in radio-active machines/ equipment shall be given radiation allowance @ 5% of revised basic.

17. Uniform Sewing Allowance - Rs. 1000/- to those who are entitled to get the uniform as per dress manual.

18. Fuel Allowance - As agreed in NCWA-X.

19. Special Allowance - Shall be paid @10%.

20. Uniform Allowance to Nurses -It should be paid Rs 21,200/-.

21. All workers and employees of CIL must be given the status of front line workers in present pandemic situation and must be given covid allow-ance as per the policy of the central government.

House Rent Allowance

1. It shall be paid in accordance with government notification for Urban Area.

2. Other than Notified area it shall be paid @10% of revised basic.

Perks/ Other Allowance

1. 55% of revised basic shall be paid as perks to all workers on the basis of optional approach. The workman shall choose from the following set of perks in the manner that the total monthly payment under perks and allowance in the cafeteria approach does not exceed 55% of revised basic.

Set Of Perks

1.

Children education allowances-

@15%

2.

Vehicle Allowances-

@10%

3.

Home Entertainment-

@10%

4.

Telephone/ Mobile-

@10%

5.

House-up keep Allowance-

@10%

6.

Newspaper, Magazine, Internet Allowances-

@5%

7.

Professional Development Allowances-

@5%

8.

Computer Hazard Allowance-

@5%

9.

Kit/ Dress Allowances-

@5%

10.

Water Purifier Maintenance Allowance-

@5%

 

Note:- All Allowances and Perks should be paid from 01.07.2021.

Leave With Wages

1. Casual Leave - Casual leave should be enhanced from 11 days to 15 days.

2. Sick Leave - Sick leave should be enhanced from existing 15 days to 20 days in a year and there should not be any ceiling on accumulation.

3. Encashment of Accumulated sick leave should be made on Superannu-ation / Separation from the Services.

4. Earned Leave - The earned leave with wages should be calculated on the basic of 1 day for 12 attendance in U/G and 15 attendance for sur-face. There should not be any ceiling on accumulation. Encashment of earned leave should be 30 days per year.

5. Maternity leave, Paternity leave, Childcare leave - as per central govt. guidelines.

6. Special Sick Leave - Worker suffering from prolonged sickness such as TB, Cancer, Paralysis, Brain Disorder, Leprocy, Heart Attack, Aids, Asthma, Pneumoconiosis, Hepatitis B & C, Blindness, Parkinson, Alzymer, motor neuron , spinal cord related diseases, renal disease, vertebral disorder, sickle cell, liver Cirrosis Anemia, Brain Tumor, Tha-lassaemia any disease arising due to pandemic/ epidemic and long ab-senteeism occured by an accident be granted special sick leave with full wage till recovery.

7. Study Leave – Training and study leave should be granted upto 3 years with full wages.

8. Quarantine leave - Should be granted upto 30 days with full wages.

9. Paid Holidays - In addition to existing holidays, Vishwakarma Jayanti (17 sept,), Dr. B.R. Ambedkar Jayanti (14 April), Eid-ul-Fitr, X-mas, Shri Ram Navmi, Janmashtami, Gudi Padwa, Birsa Jayanti, Ugadi, Sarhul/Baha festival Should be declared as Paid Holidays.

10. Special leave to trade Union Representatives – Special Leave should be sanctioned to maximum 04 Representatives from each Union at the Area Level (According to 20 Days per Representatives) to participate in the Meeting/ Conference with TA & DA every year

LTC/LLTC/RRF :

1) LLTC - Rs 75,000/- package should be paid in a block of 4 years.

2) LTC/RRF - Rs 50,000/- should be paid in a block of 4 years.

Social Security And Welfare

1) Workmen Compensation

(i) Other than existing provisions any workmen become physically disabled due to any accident or otherwise deployed in alterna-tive job should be given protection of wage.

(ii) Absence from duty while IOD should be treated as attendance for all purposes.

2) Occupational Disease: As per Act.

3) Monetary Compensation to Dependent: In addition to previous agreement/provisions for monetary compensation should be paid at par with Cat-I wages. The Dependent Orphan Children should be giv-en Monetary Compensation through his/her Guardian. The depend-ent should be given Cat-I wages from day 1. The Payment of monetary compensation will continue till he/she gets employment.

4) Employment To Dependent: (i) The Clause of 9.3.0, 9.4.0, & 9.5.0 of NCWA-VI shall be operative in NCWA-XI. (ii) There should not be any maximum age limit towards dependent (male & female) and married / divorcee/ widow daughter, wife/ husband, Unmarried daughter & son, legally adopted Son/ Daughter, Brother, Daughter in law, Son in law, Married or Unmarried sister, shall also be given Employment.

5) Dependent of missing/ absconding workmen be given employment after the declaration civil death by Hon’ble Civil Court.

6) Female dependent should also be kept in live roster for employment and should be paid monetary compensation till she gets Employ-ment.

7) Unhealthy diseased, Unsafe Workers deployment should be stopped forth with and a VRS scheme for male and female shall be introduced for weeding out the unsafe and unproductive workers by providing employment to their Son/Daughter. Similar scheme is vogue in Rail-ways.

8) Gratuity: The amount of gratuity of Rs 20 lakh should be paid from 01.01.2017 and there should not be any ceiling limit for Gratuity payment.

9) Life Cover Scheme: Shall be paid Rs 2 Lakhs.

10) Workers including contract workers died on duty shall be paid a amount of Rs 50 Lakhs as an special ex-gratia and regular employment should be given to his/her dependent. An ex-gratia compensation Rs 2 lakhs should be paid in addition to the compensation under the employees Compensation Act in case of death or Permanent total Disablement.

11) Workers retiring on 30th June 2021, be given the benefit of this agreement.

Medical Facilities:

1) Full expenditure incurred for medical treatment shall be reimbursed to all workers/Employees.

2) MAR/TA/DA rules and Dress manual should be amended with the consent of the trade unions.

3) In case of dependent employment, brother, sister along with grand-parents (dependent of the deceased employee) should be treated as dependent for medical facilities.

4) Pension amount of dependent father and mother should not be treated as Income for extending medical facilities.

5) Children pursuing studies as well as retarded children shall be ex-tended medical facilities without any age bar.

6) In emergency, If any employee or their family members availing treatment away from station, in hospital not covered under compa-nies panel, the reimbursement shall be allowed based on the CGHS rates.

7) Contributory Post-Retirement Medical Scheme (CPRMS-NE): Enhance benefits of CPRMS-NE including cashless benefits upto 25 lakhs and un-limited facilities for Critical Disease be introduced.

8) Reimbursement of Medical Bills for OPD facilities should be enhanced upto Rs 50,000 every year. Provision should be made for life – certifi-cate through online systems.

9) Each Mine and Hospital should be provided Life Support Ambulances.

10) There shall be same & similar medical facilities for executive & non- executive class of employees without any differentiation.

11) Similar class of entitlement for travelling of non-medical attendants. If non-medical attendant is an employee, he shall be allowed special leave with full wages.

12) Coal Mining is a hazardous job and workers are working in natural conditions. Therefore, Air Ambulance connectivity with super-speciality Hospitals from Unit/ Hospital be provided.

13) Subsidiary companies shall also be empowered for the empanelment of additional hospitals.

14) If the hospital to which the patient is referred doesn’t allow treat-ment at CGHS rates, then the entire cost incurred must be borne by the CIL/Subsidiaries Company.

15) The Ayurvedic & Homeopathic system of treatment should be maintained & improved upon to provide medical facilities to Em-ployees.

16) Adequate facility of treatment of neurological disease and head in-juries must be ensured in all the major hospital running under CIL.

17) Specialized Covid hospitals must be developed in every subsidiary of CIL as per requirement.

Pension:

1) Rs 20/- per ton to be levied for enhancement of pension and sus-tainability of the pension fund.

2) Minimum pension amount be enhanced to Rs 10,000/- per month.

3) In view of the continuous price hike and inflation provision of enhancement in the amount of pension on regular basis must be ensured.

Promotion / Career Growth:

1) Workers should be given promotion as per Cadre Scheme without taking into the account of Manpower Budget.

2) Modality should be decided for employment to dependent and land oustee according to their Qualification.

3) DPC to be done every year for promotion of Non- Executive to Executive.

4) An Additional grade A-2 (monthly rated employee), special grade for excavation (Excavation employee) and Cat – VII (daily rated employee) shall be created.

5) Cadre scheme should be simultaneously framed with en-hanced technology/equipment adopted in Coal Mines.

6) Diploma holders appointed after cut-off date 09-08-1993 should be given notional seniority and allowed to grow in executive Cadre. All other diploma holders appointed after that date shall also be given the same opportunity.

7) Service Linked Promotion: Eligibility of service linked promotion (SLP) should be reduced from existing 7/8 years and it should be granted to employees who remains in the same category / grade for a period of 5/6 years in UG / Surface. Increment under SLP should also be @6% of existing basic in the Grade / Category.

8) If a worker engaged in any specific job in U/G Mine or Surface mine and Completed 190 days in U/G Mine & 240 days in Surface then he/she should be regularized by giving Designation of specific work / job.

9) Nursing Staff and Paramedical Staff Should also be promoted from Non – Executive to Executive Cadre.

Advances: It should be introduced for children’s education, house building, daughter’s marriage and vehicle purchase upto 50 Lakhs maximum without interest and multipurpose advance should be upto 1 Lakh.

Superannuation Benefits: Superannuation benefits should be 30% of wages (DPE Guidelines).

(i)

CMPF

12%

(ii)

Gratuity

4.16%

(iii)

CPRMS

4.84%

(iv)

CMPS

9%

 

TOTAL

30%

 

Others :

1) Allowances other than Perks should be exempted from Income Tax.

2) Settling-in Allowance – to be paid equivalent to one month Salary to all retiring employees.

3) Working hours should be 40 hours in a week or five days in a week. Contractual workers engaged in permanent/ perennial nature of jobs should be absorbed/ regularized.

4) Casual workers and Badli Workers be made permanent.

5) Free education/ reimbursement of school fees upto graduation lev-el and technical, medical and management class etc. be extended to the wards of the workers including contractor workmen.

6) Unilateral decision effects the JBCCI decisions should be treated malafied act. Any addition, alteration, modification in agreement shall be made only by JBCCI. Decisions of DP meet/ CMD meet/ Other Forum shall not be binding upon employee which is not in the favour of them.

7) All agreed issues including NCWA not implemented / unresolved should be resolved.

8) While Converting PR to TR jobs / MR jobs be given average wage protection of last 6 months.

9) All types of earlier anomaly shall be resolved.

10) Payment of 30 days wages for every month should be paid to all the employees of CIL/ Subsidiaries like Executive of Coal India Lim-ited / employee of Railways.

11) Income Tax is being deducted on the amount received against UG allowance and Medical Reimbursement Bills. The deducted amount should be returned to the workers by giving upkeep allow-ance once in a year.

12) Implement Instruction should be issued with the consultation of JBCCI.

13) There is need to bring more clarity in Female Voluntary Retire-ment Scheme.

14) The Existing Financial & Other Provisions applicable in UG Mines should be made more attractive so that UG Mine pro-duction be increased by 10% per annum.

15) Cadre scheme should be prepared for Ex-Cadre Post.

16) Surplus quarters should be allotted to Ex-Workers of Company on Demand.

17) New Recruitment Process should be started in Mines.

18) Cadre Scheme should be revised.

19) Stop any attempt to disintegrate Coal India including the separa-tion of CMPDIL from Coal India Ltd.

20) Increase the retirement age of Workers from 60 to 62 years.

21) Existing benefits and facilities not covered or altered in this charter of demand should be continued as hitherto.

22) In case of displacement arising out of the development of mines, land losers must get their compensation and employment within specific time frame. In case of delay, additional compensation must also be provided to them.

23) We reserve the right to add / amend / modify / alter at any time if demand arises π